Reviewed November 2026 26 TAC § 746.1601, effective September 2003 · view rule 26 TAC § 746.1601 (PDF)
Texas child care is regulated by Child Care Regulation (CCR), part of the Health and Human Services Commission. Centers follow 26 TAC ch. 746, registered and licensed child-care homes ch. 747, and listed family homes ch. 742, with general licensing and background-check rules in ch. 745 and the law in Human Resources Code ch. 42. Every citable rule carries a risk weight from Low to High, and HHSC publishes each operation's deficiencies online, which is why the citation data below can be counted rule by rule. Effective months shown are the date lines HHSC prints under each rule. Some 2025 laws, including lower insurance minimums and the end of TB screening, apply before the rule books were updated.
Licensing agency: Texas Health and Human Services Commission (HHSC), Child Care Regulation (CCR); DFPS investigates abuse and neglect reports · public license lookup
Inspection findings public? Yes, the state publishes licensing inspection results.
License types
- Licensed child-care center (7+ children, not in a residence) — 26 TAC ch. 746; 26 TAC ch. 745; Tex. Hum. Res. Code ch. 42
- Licensed child-care home (7–12 children in the caregiver's home) — 26 TAC ch. 747; 26 TAC ch. 745
- Registered child-care home (4+ unrelated children, max 12) — 26 TAC ch. 747; 26 TAC ch. 745
- Listed family home (1–3 unrelated children for pay) — 26 TAC ch. 742; 26 TAC ch. 745
Show rules for:
Recent changes
Several 2025 laws (89th Legislature) took effect before HHSC updated the rule books. HHSC says it "will regulate according to statute until rules are updated," so the PDF minimum standards still show some superseded requirements.
Liability insurance cut to $100,000
Licensed and registered operations, and listed family homes, must carry $100,000 of liability insurance per occurrence, down from $300,000. HHSC lists this part of HB 2789 as effective January 1, 2026. The rules (26 TAC §§ 746.203, 747.209, 742.403) still say $300,000.
TB screening and vision/hearing records dropped
From September 1, 2025, HHSC no longer requires TB screening for anyone, and licensed centers and licensed homes no longer have to keep vision and hearing screening records for children. An initial license is now valid for 12 months (renewable for 6), instead of 6 months.
Report suspected abuse within 24 hours
Day-care employees, as professionals, must report suspected abuse or neglect no later than the 24th hour after they first have reasonable cause to believe it. HHSC says operations must make sure employees know the 24-hour time frame for reporting directly to the Texas Abuse and Neglect Hotline.
Epinephrine nasal spray
Licensed centers may stock unassigned epinephrine nasal spray, as well as auto-injectors, for emergency anaphylaxis. Under HB 163, homes and other operations no longer must have a policy for epinephrine devices they keep, though they may choose to.
Local rules for home daycares
A city may not require a home-based business in a single-family home (or a building with no more than two units) to rezone or install fire sprinklers, but may still apply its fire, building and health codes. Under SB 599, a city or county may not require licensed, registered or listed homes to meet health and safety standards stricter than HHSC's.
Interim director (December 15, 2024)
Implements SB 1327 (2023). New centers on an initial license may use an interim director who meets every requirement except education.
Parent rights and director-led training (August 19, 2024)
Implements SB 1098 and SB 1242 (2023). Parent rights were added to the rules, including entering without notice, receiving inspection reports, viewing video of an alleged abuse incident involving their child, and freedom from retaliation. A director may train staff if they were not the director when the center was fined.
Pre-employment affidavit (August 14, 2024)
Implements SB 1469 (2023, Tex. Hum. Res. Code § 42.0563). Prospective employees hired on or after September 1, 2023 must complete Form 2912, kept in the personnel file along with Form 2985.
Who needs a permit, and what kind
Texas has four day-care permit types. A child-care center is licensed, cares for 7 or more children under 14, and is not in the owner's home. Home-based care depends on how many unrelated children you care for. A listed family home cares for 1 to 3 unrelated children for pay. A registered child-care home cares for 4 or more unrelated children, up to 6 plus 6 school-age children after school, never more than 12. A licensed child-care home cares for 7 to 12 children in the caregiver's own residence. Centers follow 26 TAC ch. 746, registered and licensed homes follow ch. 747, listed homes follow ch. 742, and everyone follows the general rules in ch. 745 and Texas Human Resources Code ch. 42. The regulator is Child Care Regulation (CCR), a department of the Texas Health and Human Services Commission (HHSC). The Department of Family and Protective Services (DFPS) investigates reports of abuse, neglect and exploitation.
Child-care centers need a license
A day-care center is a facility that cares for 7 or more children under 14, away from the owner's or director's home, for less than 24 hours a day but at least 2 hours a day, 3 or more days a week. No one may operate a child-care facility without an HHSC license. Section 42.041 lists the exemptions, for example short-term care while parents shop or attend religious services, and certain accredited schools.
Listed and registered family homes
A family home that gives regular care for pay to 1 to 3 children who are not related to the caretaker must list with HHSC. A home caring for 4 or more unrelated children must register. A home that cares only for related children does not have to list or register. A listing must state that the home is not licensed or registered, has limited standards, and is not inspected unless a complaint is filed. "Regular care" means at least 4 hours a day, 3 or more days a week, for 3 or more weeks in a row, or 4 hours a day on 40 or more days in 12 months (§ 42.002(17)).
What a listed family home is
A listed family home cares for children in the primary caregiver's own home for pay: 3 or fewer children age 13 or younger who are not related to the caregiver, for at least 4 hours a day on the schedule that counts as regular care. It may not care for more than 12 children in total, counting related children. Listed homes follow the short rule set in ch. 742.
What a licensed child-care home is
In a licensed child-care home, the licensed primary caregiver cares for children from birth through 13 in the caregiver's own residence. The total in care at any time, including the caregiver's own children, may not exceed 12. The primary caregiver must live in the home and be the permit holder (§ 747.201).
Initial license for a new center
A new center (or one that moved and changed its services, or changed owners with changes in policy or staff) gets an initial license. Under the current statute, an initial license is valid for 12 months and may be renewed for another 6 months. HHSC says it applies this 12-month period from September 1, 2025, until the rules are updated.
Child-to-caregiver ratios
Texas center ratios go by the age of the children in the group, using a "specified age" that is roughly the median child's age, not the youngest child's. Children under 24 months are counted by months, older children by years. All children count, including the director's and employees' own children. Homes use charts based on how many infants, toddlers and older children are present, and the total can never exceed 12.
Center ratios (13 or more children in care)
One caregiver may supervise at most: 0–11 months, 4 children; 12–17 months, 5; 18–23 months, 9; 2 years, 11; 3 years, 15; 4 years, 18; 5 years, 22; 6–13 years, 26. Each child must have a caregiver who is responsible for them and knows their habits, interests and special needs (§ 746.1501).
SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to Texas's number for that room's age group. SafePass's built-in defaults are not Texas's. Its toddler default is 1:6, which is looser than Texas's 1:5 for children 12–17 months. SafePass does not calculate Texas's "specified age" for mixed-age rooms or check group-size limits.
How to find a group's "specified age"
List the children in the group from youngest to oldest (under 24 months by month, older by year). Divide the number of children by two, rounding .5 up; this is the core number. Count down the list to the core number. That child's age is the specified age used for the ratio and group size.
Naptime and opening/closing
When 13 or more children are in care, ratios for children 18 months and older may be reduced by 50% at naptime if the groups are combined in one central sleeping area. Nap caregivers must stay in the room, and the building must have one additional employee for every two caregivers supervising the nap group (at least one). During the first 45 minutes after opening and the last 45 minutes before closing, children 18 months and older may be grouped at 1 caregiver to 16 children. Neither exception applies to children under 18 months.
Centers with 12 or fewer children present
A chart sets the limit by how many children are 0–17 months, 18 months–4 years, and 5 and older. One caregiver may have 12 if none are under 18 months, 11 with one infant, 10 with two, 7 with three, and only 4 if all four are infants. With 12 or fewer present, infants may be in a group with older children (§ 746.1703).
Registered child-care home
One caregiver, and a registered home may not add children by adding caregivers (§ 747.1703). The maximum, including the caregiver's own children, is 12 with no children under 18 months, of whom no more than 6 may be younger than 5. The others must be 5 or older and in care after school hours. The cap drops to 10 with one child under 18 months, 8 with two, 7 with three, and 6 with four, which is the most under-18-month-olds allowed.
Licensed child-care home
With one caregiver the limits are 12 with no children under 18 months, 11 with one, 10 with two, 7 with three, and 6 with four. With two caregivers, the home may care for 12 children with up to 9 under 18 months, or 10 if there are 10 under 18 months. With three or more caregivers, 12 children of any age from birth through 13.
Who counts in a home
All children present count by age, no matter how long they stay: the caregiver's own children, assistants' and substitutes' children, drop-in and part-time children, and visiting neighborhood children you are supervising. Homes may not reduce caregivers at naptime (§ 747.1607).
SafePass tip: SafePass Kiosk check-ins give you a running count of who is in care right now, by child and age. Add your own children as enrolled children if you want them in the count.
Ratios in vehicles
When transporting children under 2, a center must have one caregiver besides the driver for each group of four children under 2. A home needs one caregiver besides the driver if it transports more than four children under 24 months. For children 2 and older, the regular ratio applies, and the driver may count if qualified as a caregiver.
Maximum group size
Group size limits how many children may share a classroom or defined space, even with extra caregivers. They apply to centers with 13 or more children in care.
Center maximum group sizes
By specified age: 0–11 months, 10; 12–17 months, 13; 18–23 months, 18; 2 years, 22; 3 years, 30; 4 years and older (through 13), 35. Adding a second caregiver does not double the ratio past the group size (§ 746.1607).
When groups may be combined
Groups may be mixed for joint activities and exceed group size for up to 30 minutes for children 18 months through 4 years, up to 1½ hours for children 5 and older, and for the whole of meals, field trips, outdoor play and naptime. The ratio must still be met for each group.
Homes: never more than 12
A registered or licensed home may never have more than 12 children, including all children at the home and any in care away from it, such as on a field trip or in a vehicle.
Director and caregiver qualifications
Center director (licensed for 13 or more)
At least 21, a high school diploma or equivalent, and one of seven education-and-experience combinations, for example: a bachelor's degree with 12 college credit hours in child development and 6 in management plus 1 year in a licensed center; an associate of applied science in child development (or a closely related field) with 6 hours each in child development and management plus 2 years; a CDA or CCP credential plus 6 hours in management and 2 years; or 9 hours each in child development and management plus 3 years. Credentials from options 5 and 6 must be renewed.
Center director (licensed for 12 or fewer)
At least 21, a high school diploma or equivalent, and one of seven combinations. The lowest option is 72 clock hours of child development training and 30 clock hours in management, with 3 years of experience in a licensed center or a licensed or registered home.
Interim director
A center operating under an initial license may name an interim director who meets every director requirement except education. If the interim director has not met the education requirement when the initial license ends, the center needs an approved waiver or a new director.
Center employees and caregivers
Every employee needs a background check under ch. 745, subch. F, plus two signed forms before hire: Form 2985 (notarized affidavit, Tex. Hum. Res. Code § 42.059) and Form 2912 (pre-employment affidavit, § 42.0563). Caregivers must be at least 18 and have a high school diploma, an equivalent, or a certificate of coursework completion. The rule text also calls for a TB exam where DSHS or the local health authority requires it, but HHSC says it stopped requiring TB screening on September 1, 2025 (HB 2789).
SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so the affidavits and training records are in one place when the inspector asks.
Caregivers under 18
A 16- or 17-year-old with a high school diploma or equivalent who has completed an approved child-care career program, or a 16- to 18-year-old still in high school who is enrolled in or has completed such a program and is expected to graduate, may count in the ratio. They may never be left alone in charge of children and must work in the same room as, and be supervised by, a qualified caregiver.
Registered home primary caregiver
At least 21, a high school diploma or equivalent, a certificate from the HHSC pre-application course taken within one year before applying, a background check, current pediatric first aid and CPR, and proof of training in topics such as child abuse recognition and reporting, shaken baby syndrome, safe sleep and SIDS, brain development, emergency preparedness, communicable disease, medication, food allergies, premises safety and hazardous materials, and transportation if you transport.
Licensed home primary caregiver
The same basics as a registered home (21+, diploma, pre-application course, background check, first aid/CPR, topic training) plus one of several combinations of education and experience in licensed or registered child care.
Listed family home caregivers
Primary and substitute caregivers in a listed home must be at least 18 and meet the ch. 745 background check requirements.
Background checks and FBI fingerprints
Texas runs background checks through HHSC's Central Background Check Unit (CBCU). The fingerprint requirement comes from statute (Tex. Hum. Res. Code § 42.056(a-2)); the details are in 26 TAC ch. 745, subchapter F. HHSC's subchapter F publication (August 2026 edition) has no per-rule dates, so no effective dates are shown.
Who needs a check
The owner (and board members or officers involved in daily management), every employee and prospective employee including directors and substitutes, and every person 14 or older who counts in the ratio, has unsupervised access, provides direct care, lives at the operation, or is regularly or frequently present. Exceptions include parents or volunteers who only supplement the ratio for a field trip or water activity.
What the check includes
A fingerprint-based state and FBI criminal history check for owners, employees, caregivers and residents (people who are only regularly present get a name-based Texas check unless they lived outside Texas in the past 5 years). Every check also includes the Texas central abuse/neglect registry and the SEMARC check, a National Sex Offender Registry check for fingerprinted day-care staff, and out-of-state checks for anyone who lived in another state in the last 5 years.
When to submit, and renewals
Submit a request with your permit application, when you hire or contract someone, when a household member turns 14 (within 90 days before or after) or moves in, and whenever you learn of someone who needs a check. Renew at least every 5 years for people with fingerprint checks and every 2 years for name-based checks, and when someone moves to another state or changes to a role that needs fingerprints.
SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page. It does not track Texas's 2-year renewal for name-based checks, so track those separately.
No one is present until cleared
You must receive the CBCU's notice that the person is eligible (or eligible or provisionally eligible with conditions) before the person may be present at your operation. While waiting, the person may attend orientation or pre-service training only if they have no contact with children. This is one of Texas's most-cited rules, weighted High. The CBCU must send its determination within 45 days (§ 745.627).
FBI Rap Back
If HHSC has an active (or reactivatable) FBI Rap Back subscription for the person, an earlier fingerprint check stays valid and new prints are not needed.
Training, first aid and CPR
Center training timeline
Orientation within 7 days of hire and before unsupervised access. 24 clock hours of pre-service training for new caregivers who are not exempt: 8 hours before counting in the ratio, 16 within 90 days. Pediatric first aid (with rescue breathing and choking) and pediatric CPR within 90 days, kept current; until a caregiver has CPR, someone with a current CPR certificate must be on the premises. Annual training: 24 hours for caregivers and 30 for the director. Two hours of transportation safety training a year if the center transports children under 9. Annual water safety training if children use a swimming pool.
SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.
What the 24 annual hours must cover
At least 6 hours in child growth and development, guidance and discipline, age-appropriate curriculum, or teacher-child interaction. At least 1 hour on preventing, recognizing and reporting child maltreatment. For caregivers of children under 24 months, 1 hour on shaken baby syndrome/abusive head trauma, safe sleep and SIDS, and brain development. Training must also cover emergency preparedness, communicable disease, medication administration, food allergy emergencies, premises safety and hazardous materials. At least 5 hours must be instructor-led, and no more than 3 hours may be self-study.
SafePass tip: SafePass keeps dated training records in each staff profile.
First aid and CPR standards
Each caregiver and the director must hold current certificates (with an expiration or renewal date) in pediatric first aid with rescue breathing and choking, and in pediatric CPR. CPR must follow American Heart Association layperson guidelines and include manikin practice and hands-on skills testing. It may be blended with online learning.
Home training
The primary caregiver needs 30 hours of annual training: at least 6 in child development, guidance, curriculum or interaction topics; 1 hour on SBS, safe sleep and brain development if caring for children under 24 months; and 6 hours (3 after more than five years as a primary caregiver) in management, leadership or staff supervision. At least 6 hours must be instructor-led. Assistant and substitute caregivers counted in ratio more than 10 times a year need 15 hours (registered homes) or 24 hours (licensed homes). Everyone needs orientation within 7 days and current pediatric first aid and CPR (§ 747.1313).
SafePass tip: SafePass tracks training and certification expiration dates for each caregiver you add as staff.
Supervision, health and safety
Supervision is the most-cited area in Texas. Section 746.1205(a)(4) alone drew 830 deficiencies in 2025 (see the citation data below).
Supervision
Each caregiver must know which children and how many children they are responsible for, know each child's name and age, and provide the level of supervision each child needs, through physical closeness and by watching or listening to what each child is doing. The caregiver must be able to step in to keep a child safe. How closely to supervise depends on the child's age, development and abilities, the layout, and the hazards around them.
SafePass tip: SafePass shows staff a live list of children checked in to each room, so a caregiver can confirm names and headcount at a glance.
Caregivers stay with the children
Caregivers must know and follow the minimum standards and be free of tasks that take attention away from children: administrative and clerical work, meal preparation (unless 12 or fewer children are in care), janitorial duties, and personal use of phones, tablets or games. They must pass on information about each child to the next shift.
Employee conduct
All employees must show competency, good judgment and self-control; treat children with courtesy and patience; make sure no child is abused, neglected or exploited; and report suspected abuse to DFPS. These items are weighted High.
No alcohol, drugs, tobacco or vaping
No one may use or be impaired by alcohol or non-prescribed controlled substances at the center, in vehicles or on field trips. No smoking, vaping or tobacco anywhere on the premises, in vehicles or on field trips. People whose behavior or health is an immediate danger to children may not be present.
When an ill child must stay home
Unless licensed for get-well care, a center must exclude a child whose illness keeps them from taking part comfortably, needs more care than staff can give, or who has, for example, an oral temperature above 101°F (or an ear, armpit or forehead temperature above 100°F) together with behavior changes or other signs of illness, unless a health-care professional says the child may attend.
SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.
Food allergy emergency plan
Each child with a diagnosed food allergy must have a plan, signed and dated by the child's health-care professional and parent, listing the foods, possible symptoms and steps to take. Keep a copy in the child's file, and never serve a food on the plan (§ 746.3301(i)).
SafePass tip: SafePass registration packets collect allergies and medical notes, and they show on the child's profile for staff.
Facility, furniture, equipment and hazards
Hazards (centers)
Everything a child can reach must be free of hazards. Outlets reachable by children under 5 need covers or safety outlets. 220-volt connections must be guarded. Fans, heaters and air conditioners must be out of reach or guarded. Sliding glass doors must be marked at children's eye level. Poisonous plants and bottle warmers must be out of reach. Toy chests need lid supports and air holes and no latches. All bodies of water, buckets and rain barrels must be inaccessible (High). Televisions must be anchored so they cannot tip over.
Hazards (homes)
The same list as centers (outlets, guards, glass, plants, bottle warmers, toy chests, water), except there is no TV-anchoring item. HHSC's technical assistance still recommends securing TVs and furniture such as bookcases so they cannot tip.
Cleaning and maintenance
Keep the building, grounds and equipment clean and in repair. Sanitize mouthed toys, sleeping equipment, potty chairs and water tables. Wash linens and cloth toys weekly. Use lead-free paint and keep floors, walls and ceilings in repair. Clearly mark cleaning supplies and toxic materials and keep them separate from food and out of children's reach (High). This was Texas's second most-cited section in 2025.
Space and fencing (centers)
At least 30 square feet of indoor activity space per licensed child, and 80 square feet of outdoor space per child using it at one time (and at least 25% of licensed capacity). The outdoor area needs a fence or wall at least 4 feet high, with some exceptions such as programs serving only children 5 and older.
Play equipment and surfacing
Equipment must be anchored, free of entrapment, entanglement, pinch and crush points, and arranged so caregivers can see the children. No climbers or swings over asphalt or concrete unless covered by proper unitary surfacing. Loose-fill surfacing must be kept at least 6 inches deep under equipment 5 feet high or less and 9 inches deep for taller equipment, with the required depth marked on the support posts.
Recalled products
A children's product is unsafe if the U.S. Consumer Product Safety Commission recalled it and it has not been fixed or retrofitted (unless the recall was rescinded). Unsafe children's products may not be used.
Weapons
Firearms and other weapons are banned at a center, except for on-duty peace officers and licensed security officers, and weapons in personal vehicles. If the center is also your residence, weapons must be in a locked cabinet and ammunition in a separate locked cabinet.
Annual fire and sanitation inspections (centers)
Before the first permit and at least every 12 months, a center needs a fire inspection by a state or local fire marshal and a sanitation inspection by a local sanitation official, unless it is in a public school building. Centers that use natural or LP gas need a gas-leak inspection every two years. A missing annual fire inspection is a High-weight deficiency and was among the top 10 citations in 2025.
Homes: no state fire or sanitation inspection
HHSC does not require registered or licensed homes to have fire or sanitation inspections, though local ordinances may. Caring for children above or below ground level needs written fire marshal approval.
Emergency preparedness and drills
Written emergency plan
The plan must cover evacuation, relocation and shelter or lock-down, including how to move infants, children with limited mobility and children with disabilities. It must include an evacuation and relocation diagram and the name and address of an alternate shelter. It must explain how you will account for every child, contact authorities and parents, take parent contacts, emergency medical authorizations and the child tracking records with you, care for children until they are picked up, and reunite children with parents.
SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification.
Drills (centers)
A fire drill every month, with children out of the building within 3 minutes; a severe-weather shelter drill at least four times a calendar year; and a lock-down drill at least four times a calendar year. Document each drill's date, time and how long the evacuation, shelter or lock-down took.
Emergency plan and drills (homes)
Homes need a written plan with the same elements as centers (the attendance record goes with you), a diagram with two exit paths from each room and the outdoor meeting and indoor shelter spots, a monthly fire drill (out in 3 minutes), and four severe-weather and four lock-down drills a calendar year.
Extinguisher and smoke detectors (homes)
At least one 3A-40BC dry chemical fire extinguisher, or one approved by the fire marshal. Test all smoke detectors monthly and record test dates and battery changes.
Carbon monoxide detection
Centers must have a working carbon monoxide detection system, unless located in a school facility that meets state school facility standards.
Incident and illness reports
Record on Form 7239 (or an equivalent form) any injury needing medical treatment, illness needing hospitalization, anaphylaxis treated with the center's stock epinephrine, notifiable communicable disease, or other non-routine event that put a child at risk, such as a child left in a vehicle. Share it with the parent and get their signature within 48 hours (§ 746.707).
SafePass tip: SafePass incident reports record what happened, the action taken and first aid, notify the parent, and capture the parent's e-signature.
Medication
Parent authorization
Get the parent's authorization in writing (signed and dated), in an electronic format that can be viewed and saved, or by phone for a single dose. Authorization expires one year after it is given. A parent cannot authorize more than the label or the health-care professional directs. No authorization is needed to give medication in an emergency to prevent death or serious injury.
SafePass tip: SafePass collects the parent's signed medication request electronically. Staff approve it, and the parent gets a notification at each dose. Track the one-year expiry yourself.
Giving and recording doses
Give medication only as the label says or as a health-care professional amends in writing, from the original container labeled with the child's full name and the date brought in, only to that child, and never after it expires. Record the child's full name, the medication, the date, time and amount, and the full name of the person who gave it. Keep records at least 3 months.
SafePass tip: SafePass logs each dose with the time, amount and staff name.
Storage
Keep medications out of children's reach or locked, stored so they cannot contaminate food, and refrigerated (separate from food) if required. Return or dispose of medication when it expires, is no longer needed, or the child leaves (§ 746.3809).
Immunizations
Texas child care rules do not list the vaccines themselves. They point to the Texas Department of State Health Services (DSHS) requirements, which apply to all children from birth through 14.
Required by admission
Every child must meet DSHS immunization requirements, and all shots required for the child's age must be done by the date of admission. The exceptions are a verified exemption or exception, and a child who is homeless or in foster care, who may be provisionally admitted for up to 30 days. Keep current records, including any exemptions. In 2025, 746.613(b) (records current) was cited 177 times at centers.
SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.
Exemptions
A child may be exempt for medical reasons or reasons of conscience, including religious belief, following the DSHS rule at 25 TAC § 97.62. A child who had a disease may qualify for an exception under 25 TAC § 97.65.
Acceptable records
An official record from a state or local health authority (such as the Texas Immunization Registry), or a record from a doctor's office or pharmacy. It must show the child's name and birth date, each vaccine and dose, and the full date given. A clinic record also needs the provider's signature or stamp.
Food and nutrition
Meals follow CACFP patterns
Meals and snacks must follow the USDA Child and Adult Care Food Program meal patterns even if you don't take part in the program. No child may go more than 3 hours without being offered food unless asleep. Clean drinking water must always be available. No sugary drinks except on special occasions (unless CACFP allows them), and food may not be used as a reward.
SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.
How often to feed
Children in care less than 4 hours get a snack; 4–5 hours, a meal; 6–8 hours, a meal and a snack; more than 8 hours, two meals and a snack or one meal and two snacks.
Infant feeding instructions
For an infant not yet eating table food, follow written feeding instructions signed and dated by the parent or a health-care professional, and review and update them with the parent every 30 days. The 30-day review was cited 253 times in 2025.
Safe sleep
Back to sleep, in the infant's own crib
Place infants face-up to sleep in their own crib unless you have a Sleep Exception Form signed by a health-care professional. An infant who can roll both ways may then roll on their own. An infant who falls asleep in a swing, car seat or other restrictive device must be moved to a crib as soon as possible (§ 746.2426).
SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep-check logs.
Bare crib, banned equipment
For infants under 12 months, the crib or play yard must be bare except for a tight-fitting sheet (a thin, fitted waterproof mattress cover is allowed). Baby walkers, doorway jumpers, accordion gates, and bean bags, waterbeds or foam pads for sleeping are banned.
No swaddling or covers
A swaddled infant may not be laid down to sleep without a Sleep Exception Form, and an infant's head, face or crib may never be covered with blankets or clothing. Listed homes have the same rules (§ 742.507).
Crib safety
Cribs need a firm, snug mattress made for that crib, slats no more than 2⅜ inches apart, and documentation that each crib meets the federal crib standards (16 CFR parts 1219/1220). Label cribs with the infant's name (or a number and an assignment map), and sanitize them between infants.
Parents must be told about safe-sleep deficiencies
Within 5 days of being cited for a safe-sleep deficiency, a center must notify the parents of every enrolled child using Form 2970. Abuse, neglect or exploitation deficiencies use Form 7266.
SafePass tip: SafePass messaging gives you a dated record that every family was notified.
Discipline and guidance
Allowed discipline
Discipline must fit the child, be consistent, and teach self-control through positive methods: praise, clear daily reminders, and redirection. A brief supervised time-out is allowed if right for the child's age, limited to one minute per year of age.
Prohibited punishment
No harsh, cruel or unusual treatment. Banned: corporal punishment or threats of it; punishment tied to food, naps or toilet training; grabbing or pulling a child; putting anything in or on a child's mouth; humiliating, rejecting or yelling at a child; harsh or profane language; locked or dark rooms; restrictive devices for time-out; withholding active play as punishment; and requiring silence or inactivity for too long. All are weighted High, and this was the third most-cited center section in 2025.
Records
Children's records
For each child: enrollment agreement, admission information, a health statement from a health-care professional, immunization records, incident reports, the daily sign-in/out record, medication records, and any specialized medical orders. Keep them at the center for 3 months after the child's last day (medication records 3 months after the dose). Missing immunization records and health statements are among the most common citations. HHSC says vision and hearing screening records and TB screening are no longer required as of September 1, 2025 (HB 2789), although the rule text still lists them.
SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.
Admission information
Before admitting a child: name and birth date, address, parent contacts, an emergency contact, the people allowed to pick up the child (High), permissions for transport and field trips, physician, authorization for emergency medical care (High), special care needs, school information for school-age children, allergies with a food allergy emergency plan, and water activity permission (including whether the child can swim or needs a life jacket).
How long and in what form
Unless a rule says otherwise, keep required records at the center for at least 3 months, and staff training records for the current and last full training year. Electronic records are allowed. Children's records must be available to caregivers during shifts and evacuations, and to Licensing during operating hours.
SafePass tip: SafePass keeps records with dates and times, and it exports attendance reports as PDF for a licensor.
Personnel records
For each employee, caregiver, substitute and volunteer: first and last day worked, proof of age and education, Forms 2985 and 2912, training hours, signed receipt of policies, proof of background check request (High), photo ID, driver's license if they transport, and orientation training on abuse reporting.
SafePass tip: SafePass staff profiles hold certifications, training records and the background check date for each person.
Parent rights
Parents may enter and inspect the center during operating hours without notice, file complaints, see the center's HHSC inspection reports and how to find its compliance history online, review records about their child, view video of an alleged abuse or neglect incident involving their child (if it exists), see staff training records and in-house curriculum, and be free from retaliation.
Daily report for infants
By pick-up time each day, give the parent a written or electronic report with the infant's sleep times, feeding times and amounts, diaper change times, general mood, and a short summary of activities.
SafePass tip: SafePass daily logs record naps, meals and diapers, and the daily sheet includes mood and activities. Parents see these in the app.
Children's records (homes)
Homes keep the same core records as centers (enrollment agreement, admission information, health statement, immunizations, incident reports, medication records), for 3 months after the child's last day. This was the most-cited rule section for homes in 2025.
Sign-in/sign-out and release of children
Center sign-in/out tracking
Centers need a tracking system for each child coming and going all day, showing the child's name, date, arrival and departure times, and the initials or other unique identifier of the employee or parent. All caregivers must be able to see it, to know who is in care during their shift, at shift changes and in an evacuation.
SafePass tip: SafePass Kiosk records each check-in and check-out with a timestamp and who dropped off or picked up, and it exports attendance reports as PDF.
Home attendance records
Homes must keep an attendance record for each child, either a sign-in/sign-out log or another attendance chart, for the previous 3 months.
SafePass tip: SafePass Kiosk check-in and check-out create the daily attendance record for every child.
Release only to authorized people
Release a child only to a parent or someone the parent named. If you receive a valid, judge-signed court order that bars a parent from removing the child, follow it right away until it is revoked or expires, and keep a copy in the child's file.
SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.
Checking ID at pick-up
Have written release policies, including how to verify the identity of an authorized person the caregiver doesn't know (including at a vehicle). Record the identity, for example a copy of photo ID, a photo, or the driver's license and plate numbers, and keep it for 3 months.
Transportation and field trips
Car seats and seating
Every child must be in a crash-tested restraint suited to their age, height and weight, installed per the manufacturer, and not expired or damaged. Infants and toddlers ride rear-facing through at least age 2, for as long as possible until they reach the seat's height or weight limit. Children 12 and younger may not ride in the front seat.
Electronic child safety alarm
Vehicles bought or leased on or after December 31, 2013 that seat 8 or more and carry children must have an electronic child safety alarm, used every trip. Before turning off the alarm at the back of the vehicle, the driver or a designated employee must account for every child and walk through the vehicle checking every seat.
Transportation safety training
If the center transports children under 9, the director and every employee who transports them need 2 hours of transportation safety training a year, separate from annual training.
Home field-trip ratios
When children mix with the public (parks, stores, skating rinks), homes need 1 adult per 3 children if the youngest is under 2, 1:6 at ages 2–3, 1:9 at 4, 1:11 at 5 and 1:12 at 6 and older. Volunteers may help reach these numbers only if the regular ratio is met with qualified caregivers.
Inspections, deficiencies and weights
HHSC calls a violation a deficiency: any failure to meet a minimum standard, a ch. 745 rule, the law, or a term or condition of the permit. Every citable standard carries a weight, printed after the rule text: High, Medium-High, Medium, Medium-Low or Low. The weight reflects the risk to children if the rule is broken and does not change with the circumstances. CCR staff separately assess scope and severity when deciding what to do (Minimum Standards for Child-Care Centers, Introduction).
Inspection frequency
HHSC must inspect licensed facilities at least once a year, and at least one visit must be unannounced. A center or group day-care home with a history of substantial compliance may be moved to an unannounced biennial inspection. During an unannounced inspection of a center, HHSC meets with the director to confirm the director is qualified. Registered and listed homes may be inspected as needed, and every complaint must be investigated.
Listed homes are not routinely inspected
By law, a listed family home is not inspected unless a complaint is filed, and its listing must say so.
Things you must report to HHSC
Within 2 days, report: anything that makes the center unsafe or unsanitary, an injury needing medical treatment, an illness needing hospitalization, a notifiable disease, an arrest or charge of anyone who needs a background check, any non-routine event that put a child at risk (such as a child left in a vehicle or on the playground, or a child who wandered off), and changes in controlling persons. Report a child's death immediately.
Change notices and the January 15 staff report
Notify HHSC in writing within 5 days of a change in director, designee or governing body. By January 15 each year, report through your online account how many employees stopped working at the center during the previous year. This report, 746.303(b), drew 489 deficiencies in 2025, making it one of the easiest citations to avoid.
Administrative penalties
HHSC may fine a facility, home or controlling person. Generally it must try nonmonetary sanctions such as corrective action plans and probation first, but it can fine immediately for high-risk standards: abuse or neglect, background checks, safety hazards, reporting deadlines and supervision. Each day is a separate violation. The daily maximum for day care depends on capacity: $50 (20 or fewer children), $60 (21–40), $70 (41–60), $80 (61–80), $100 (81–100), $150 (more than 100). Clerical errors cannot be fined.
Denial, suspension and revocation
HHSC may deny, suspend, revoke or refuse to renew a permit for noncompliance. A person whose permit is revoked or not renewed, or who closed to avoid discipline, generally cannot get a new permit for 5 years.
Challenging a deficiency
HHSC's minimum standards encourage you to raise any disagreement with the inspector before they leave. If that doesn't resolve it, you may request an administrative review. The review rules are in 26 TAC ch. 745, subch. M on the Secretary of State's site. The summary below follows HHSC's Child Care Regulation Handbook and the statute. Use the deadline in the notice HHSC sends you.
Administrative review of a cited deficiency
An applicant, owner, partner, governing body, director, licensed administrator or designee may request an administrative review when CCR cites a deficiency, and for other decisions such as a denied waiver or variance or probation. Child Care Enforcement (CCE), a unit outside the inspection staff, conducts the review (CCR Handbook § 5610, rev. 25-3, Aug. 15, 2025).
Missing the window waives the review
Not disputing a decision within the required time frame waives the right to an administrative review, as does submitting a written waiver. HHSC's handbook describes the written waiver being sent within 15 days after you receive notice (CCR Handbook § 5612).
Hearing before SOAH
If HHSC proposes to deny, suspend, revoke or refuse to renew a permit, you are entitled to a hearing at the State Office of Administrative Hearings, with judicial review afterward.
Disputing a fine
After receiving Form 2994 (Notice of Recommendation for Administrative Penalty), you have 30 days to pay, accept, or request a due process hearing in writing. You may request a hearing even if you have paid (CCR Handbook §§ 7540–7550).
Waivers and variances
If you can't meet a standard for economic reasons you may request a waiver. If you want to meet a standard's intent in a different way you may request a variance. Submit either through your online provider account or in writing to your CCR inspector. HHSC amended the ch. 745 waiver and variance rules (subch. J) in November 2025.
Most common citations
Period: Calendar year 2025 (deficiencies by activity date), data downloaded 2026-11-08
How it was counted: Our own count from HHSC's official bulk data. We joined each deficiency to its activity (for the date and type) and its operation (for the type). We kept deficiencies dated January 1 to December 31, 2025 at the four day-care operation types: licensed centers, licensed child-care homes, registered child-care homes and listed family homes. We included all activity types: routine inspections, complaint investigations and assessments. Each deficiency counts once, grouped by rule section, with subsections combined (the topic notes the leading subsection). Share is that section's count divided by all 25,060 day-care deficiencies in 2025, which were cited at 6,695 operations (20,529 at centers, 2,516 at registered homes, 1,928 at licensed homes, 87 at listed homes). In 2025 HHSC recorded 34,977 day-care activities, including 27,222 inspections, of which 7,977 (29.3%) found at least one violation. Centers dominate the ranking because there are more of them. For registered and licensed homes the most-cited sections were 26 TAC §§ 747.603 (children's records), 747.501 (written policies), 747.1309 (annual training) and 747.605 (admission information). Caveat: the operations file lists operations shown on HHSC's public site, which are almost all currently open, so deficiencies at operations that have since closed are not counted. Weights for the 2025 total were Medium-High 10,007, Medium 7,258, High 6,242, Medium-Low 1,095 and Low 458. We used only rule numbers and counts, never operation names or narratives.
| Rule | Topic | Citations | Share of citations | How to avoid it |
|---|---|---|---|---|
| 26 TAC § 746.1205 | Supervision (mostly (a)(4): level of supervision, proximity and awareness of each child) | 1,148 | 4.6% | Assign each caregiver named children, do name-to-face headcounts at every transition, keep sight or sound of every child, and keep caregivers off phones and paperwork. |
| 26 TAC § 746.3407 | Cleaning and maintenance (incl. (12) toxic materials marked and out of reach) | 821 | 3.3% | Do a daily walk-through: chemicals labeled, locked or high, and away from food; floors, walls and ceilings in repair; sanitize mouthed toys, cribs and potty chairs. |
| 26 TAC § 746.2805 | Prohibited punishment (grabbing or pulling, yelling, harsh treatment) | 696 | 2.8% | Train every caregiver on the banned list and the positive methods in § 746.2803. Pull a caregiver from the room at the first sign of losing control. |
| 26 TAC § 746.603 | Children's records (immunizations, health statement) | 637 | 2.5% | Audit every file monthly: health statement and current immunization record on file for each child, and enrollment agreement and admission form complete. |
| 26 TAC § 746.901 | Personnel records (Forms 2985 and 2912 affidavits) | 618 | 2.5% | Use a hiring checklist: both affidavits signed before the first day, plus ID, education proof, background check request and training log in the file. |
| 26 TAC § 746.5101 | Annual fire inspection | 544 | 2.2% | Put the fire marshal inspection date on the calendar and book the next one 2–3 months before it is due. Keep the report on site. |
| 26 TAC § 746.1309 | Annual training content and hours | 535 | 2.1% | Track each caregiver's 24 hours by required topic (6 in core topics, 1 on child abuse, 1 on SBS/safe sleep for infant rooms, at least 5 instructor-led). |
| 26 TAC § 746.303 | Notifications (mostly (b): January 15 report of employees who left) | 510 | 2% | Set a reminder for early January to file the count of employees who left last year in your online licensing account, and report a director change within 5 days. |
| 26 TAC § 746.1201 | Employee responsibilities (competency, good judgment, self-control) | 508 | 2% | Coach and document staff conduct concerns early. Many of these citations come with supervision or punishment findings. |
| 26 TAC § 746.501 | Written operational policies (e.g. parent rights, physical activity) | 486 | 1.9% | Compare your parent handbook line by line with § 746.501, especially the parent-rights and physical-activity policies, and give parents the current version. |
Frequently asked questions
What are the daycare staff-to-child ratios in Texas?
In a Texas child-care center with 13 or more children, one caregiver may have at most 4 infants 0–11 months, 5 children 12–17 months, 9 at 18–23 months, 11 two-year-olds, 15 three-year-olds, 18 four-year-olds, 22 five-year-olds, or 26 school-age children (6–13). Maximum group sizes are 10, 13, 18, 22, 30 and 35. The ratio uses the group's "specified age," roughly the median child's age. (26 TAC §§ 746.1601, 746.1603, 746.1609)
How many children can I care for in my home without a license in Texas?
If you regularly care for 1 to 3 unrelated children for pay, you must list with HHSC as a listed family home. With 4 or more unrelated children you must register (registered child-care home), and a licensed child-care home can have up to 12. Caring only for related children needs no permit. A home can never have more than 12 children, counting your own. (Tex. Hum. Res. Code § 42.052; 26 TAC §§ 742.103, 747.115, 747.1605)
How many kids can a registered home daycare have in Texas?
Up to 12 including your own children, but no more than 6 under school age, with the other 6 being school-age children after school hours. The cap drops as infants are added: 10 with one child under 18 months, 8 with two, 7 with three, 6 with four (the most allowed). A registered home cannot add children by adding caregivers. (26 TAC §§ 747.1701, 747.1703)
Do Texas daycare workers need FBI fingerprints?
Yes. Owners, directors, employees, caregivers, and anyone 14 or older who counts in the ratio, has unsupervised access or lives at the operation need a fingerprint-based state and FBI criminal history check, plus registry checks. They cannot be present until HHSC's Central Background Check Unit says they are eligible, except for orientation or pre-service training with no contact with children. Fingerprint checks are renewed every 5 years. (26 TAC §§ 745.605, 745.611, 745.621, 745.641)
How many training hours do Texas child care workers need each year?
Center caregivers need 24 clock hours a year and center directors need 30. New center caregivers also need 24 hours of pre-service training (8 before counting in the ratio) and pediatric first aid and CPR within 90 days. Home primary caregivers need 30 hours a year, and assistants need 15 (registered) or 24 (licensed). (26 TAC §§ 746.1301, 746.1309, 747.1303)
How often are Texas daycares inspected?
Licensed centers and licensed homes are inspected at least once a year, with at least one unannounced visit. Centers with a strong compliance history can move to an unannounced inspection every two years. Registered homes are inspected as needed, listed homes only after a complaint, and every complaint is investigated. (Tex. Hum. Res. Code §§ 42.044, 42.052(i))
How do I look up a Texas daycare's inspections and violations?
Use HHSC's Search Texas Child Care at childcare.hhs.texas.gov. It shows each operation's permit, inspection history and cited deficiencies. Parents also have the right to receive the center's inspection reports and to enter the center without notice during operating hours. (26 TAC § 746.521)
Can a Texas daycare use time-out?
Yes, a brief supervised time-out is allowed when right for the child's age and development, limited to one minute per year of age. Corporal punishment, grabbing or pulling, yelling or humiliating, punishment tied to food, naps or toileting, and withholding active play are prohibited. (26 TAC §§ 746.2803, 746.2805, 747.2705)
What are the safe sleep rules for infants in Texas daycares?
Infants sleep face-up in their own crib, which must be bare except for a tight-fitting sheet for babies under 12 months. No swaddling or covering the head, face or crib unless a health-care professional signs a Sleep Exception Form, and an infant who falls asleep in a car seat or swing must be moved to a crib. (26 TAC §§ 746.2415, 746.2426, 746.2427, 746.2428, 746.2429)
How long is a medication authorization good for in a Texas daycare?
One year from the date the parent gives it. It can be in writing, in a savable electronic format, or by phone for a single dose. Each dose must be logged with the child's name, medication, date, time, amount and the name of the person who gave it, and the log is kept 3 months. (26 TAC §§ 746.3803, 746.3805)
Sources
- HHSC, Minimum Standards for Child-Care Centers, 26 TAC ch. 746 (December 2024, revised December 2025) (accessed November 8, 2026)
- HHSC, Minimum Standards for Licensed and Registered Child-Care Homes, 26 TAC ch. 747 (September 2024, revised December 2025) (accessed November 8, 2026)
- HHSC, Minimum Standards for Listed Family Homes, 26 TAC ch. 742 (June 2022) (accessed November 8, 2026)
- HHSC, Background Check Rules, 26 TAC ch. 745, subch. F (August 2026) (accessed November 8, 2026)
- HHSC Child Care Regulation, Minimum Standards (index of rule books and revision memos) (accessed November 8, 2026)
- Texas Secretary of State, Texas Administrative Code, Title 26, Part 1, Chapter 746 (accessed November 8, 2026)
- Texas Secretary of State, Texas Administrative Code, Title 26, Part 1, Chapter 747 (accessed November 8, 2026)
- Texas Secretary of State, Texas Administrative Code, Title 26, Part 1, Chapter 745 (accessed November 8, 2026)
- Texas Human Resources Code, Chapter 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child-Care Services (accessed November 8, 2026)
- HHSC, Legislative Bills Impacting Child Care Operations, 89th Legislature (revised August 2025) (accessed November 8, 2026)
- HHSC, Chapter 746 Revision Memo: Interim Director (effective December 15, 2024) (accessed November 8, 2026)
- HHSC, Chapter 746 Revision Memo: Parent Rights and Director Led Training (effective August 19, 2024) (accessed November 8, 2026)
- HHSC, Chapter 746 Revision Memo: Pre-Employment Affidavit (effective August 14, 2024) (accessed November 8, 2026)
- HHSC, Display of November 2025 Changes for Chapter 745: Subchapter J (Waivers and Variances) (accessed November 8, 2026)
- HHSC Child Care Regulation Handbook, 5600 Administrative Reviews (accessed November 8, 2026)
- HHSC Child Care Regulation Handbook, 7500 Administrative Penalties (accessed November 8, 2026)
- data.texas.gov, HHSC CCL Non-Compliance Data (tqgd-mf4x), CC0 (accessed November 8, 2026)
- data.texas.gov, HHSC CCL Inspection Investigation Assessment Data (m5q4-3y3d), CC0 (accessed November 8, 2026)
- data.texas.gov, HHSC CCL Daycare and Residential Operations Data (bc5r-88dy), CC0 (accessed November 8, 2026)
- HHSC, Search Texas Child Care (accessed November 8, 2026)
Educational information, not legal advice. Rules change and inspectors apply them to your specific program. Always confirm requirements with your state child care licensing agency: Texas Health and Human Services Commission (HHSC), Child Care Regulation (CCR); DFPS investigates abuse and neglect reports. How we handle your information: privacy policy.