Texas Daycare Self-Inspection Checklist (Printable)

Recent changes

Liability insurance cut to $100,000 Tex. Hum. Res. Code §§ 42.049, 42.0495 (HB 2789) Centers · Family child care Licensed and registered operations, and listed family homes, must carry $100,000 of liability insurance per occurrence, down from $300,000.
TB screening and vision/hearing records dropped HB 2789 (2025) Centers · Family child care 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.
Report suspected abuse within 24 hours Tex. Fam. Code § 261.101 (SB 571) Centers · Family child care 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.
Epinephrine nasal spray SB 1619 (2025) Centers · Family child care Licensed centers may stock unassigned epinephrine nasal spray, as well as auto-injectors, for emergency anaphylaxis.
Local rules for home daycares HB 2464 and SB 599 (2025) Family child care 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.
Interim director (December 15, 2024) 26 TAC § 746.1067 Centers 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) 26 TAC §§ 746.521, 746.501 Centers 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…
Pre-employment affidavit (August 14, 2024) 26 TAC §§ 746.1105, 746.901 (Form 2912) Centers · Family child care Implements SB 1469 (2023, Tex. Hum. Res. Code § 42.0563).

Who needs a permit, and what kind

Child-care centers need a license Tex. Hum. Res. Code §§ 42.002(7), 42.041 Centers 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.
Listed and registered family homes Tex. Hum. Res. Code § 42.052(c)–(d), (i) Family child care 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.
What a listed family home is 26 TAC § 742.103 Family child care 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…
What a licensed child-care home is 26 TAC § 747.115 Family child care In a licensed child-care home, the licensed primary caregiver cares for children from birth through 13 in the caregiver's own residence.
Initial license for a new center Tex. Hum. Res. Code § 42.051 Centers A new center (or one that moved and changed its services, or changed owners with changes in policy or staff) gets an initial license.

Child-to-caregiver ratios

Center ratios (13 or more children in care) 26 TAC § 746.1601 Centers 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.
How to find a group's "specified age" 26 TAC § 746.1603 Centers List the children in the group from youngest to oldest (under 24 months by month, older by year).
Naptime and opening/closing 26 TAC §§ 746.1613, 746.1615 Centers 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.
Centers with 12 or fewer children present 26 TAC § 746.1701 Centers A chart sets the limit by how many children are 0–17 months, 18 months–4 years, and 5 and older.
Registered child-care home 26 TAC § 747.1701 Family child care One caregiver, and a registered home may not add children by adding caregivers (§ 747.1703).
Licensed child-care home 26 TAC §§ 747.1801, 747.1803, 747.1805 Family child care 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.
Who counts in a home 26 TAC § 747.1603 Family child care 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…
Ratios in vehicles 26 TAC §§ 746.1805, 747.1903 Centers · Family child care When transporting children under 2, a center must have one caregiver besides the driver for each group of four children under 2.

Maximum group size

Center maximum group sizes 26 TAC § 746.1609 Centers 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.
When groups may be combined 26 TAC § 746.1611 Centers 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…
Homes: never more than 12 26 TAC § 747.1605 Family child care 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) 26 TAC § 746.1015 Centers 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…
Center director (licensed for 12 or fewer) 26 TAC § 746.1017 Centers At least 21, a high school diploma or equivalent, and one of seven combinations.
Interim director 26 TAC § 746.1067 Centers A center operating under an initial license may name an interim director who meets every director requirement except education.
Center employees and caregivers 26 TAC §§ 746.1105, 746.1107 Centers Every employee needs a background check under ch. 745, subch.
Caregivers under 18 26 TAC § 746.1109 Centers 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…
Registered home primary caregiver 26 TAC § 747.1007 Family child care 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…
Licensed home primary caregiver 26 TAC § 747.1107 Family child care 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…
Listed family home caregivers 26 TAC § 742.301 Family child care 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

Who needs a check 26 TAC § 745.605 Centers · Family child care 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…
What the check includes 26 TAC §§ 745.609, 745.611 Centers · Family child care 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…
When to submit, and renewals 26 TAC § 745.621 Centers · Family child care 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.
No one is present until cleared 26 TAC § 745.641 Centers · Family child care 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.
FBI Rap Back 26 TAC § 745.625 Centers · Family child care 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 26 TAC § 746.1301 Centers 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.
What the 24 annual hours must cover 26 TAC § 746.1309 Centers At least 6 hours in child growth and development, guidance and discipline, age-appropriate curriculum, or teacher-child interaction.
First aid and CPR standards 26 TAC § 746.1315 Centers 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.
Home training 26 TAC §§ 747.1303, 747.1309 Family child care 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…

Supervision, health and safety

Supervision 26 TAC § 746.1205 Centers 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…
Caregivers stay with the children 26 TAC § 746.1203 Centers 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…
Employee conduct 26 TAC § 746.1201 Centers 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.
No alcohol, drugs, tobacco or vaping 26 TAC § 746.3703 Centers No one may use or be impaired by alcohol or non-prescribed controlled substances at the center, in vehicles or on field trips.
When an ill child must stay home 26 TAC § 746.3601 Centers 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…
Food allergy emergency plan 26 TAC § 746.3819 Centers 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.

Facility, furniture, equipment and hazards

Hazards (centers) 26 TAC § 746.3701 Centers Everything a child can reach must be free of hazards.
Hazards (homes) 26 TAC § 747.3501 Family child care The same list as centers (outlets, guards, glass, plants, bottle warmers, toy chests, water), except there is no TV-anchoring item.
Cleaning and maintenance 26 TAC § 746.3407 Centers Keep the building, grounds and equipment clean and in repair.
Space and fencing (centers) 26 TAC §§ 746.4201, 746.4301, 746.4305 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).
Play equipment and surfacing 26 TAC §§ 746.4601, 746.4907 Centers Equipment must be anchored, free of entrapment, entanglement, pinch and crush points, and arranged so caregivers can see the children.
Recalled products 26 TAC § 746.4133 Centers · Family child care A children's product is unsafe if the U.S.
Weapons 26 TAC § 746.3707 Centers Firearms and other weapons are banned at a center, except for on-duty peace officers and licensed security officers, and weapons in personal vehicles.
Annual fire and sanitation inspections (centers) 26 TAC §§ 746.5101, 746.3401, 746.5401 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…
Homes: no state fire or sanitation inspection 26 TAC §§ 747.4901, 747.3201 Family child care HHSC does not require registered or licensed homes to have fire or sanitation inspections, though local ordinances may.

Emergency preparedness and drills

Written emergency plan 26 TAC § 746.5202 Centers The plan must cover evacuation, relocation and shelter or lock-down, including how to move infants, children with limited mobility and children with disabilities.
Drills (centers) 26 TAC § 746.5205 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.
Emergency plan and drills (homes) 26 TAC §§ 747.5003, 747.5005, 747.5007 Family child care 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…
Extinguisher and smoke detectors (homes) 26 TAC §§ 747.5103, 747.5115 Family child care At least one 3A-40BC dry chemical fire extinguisher, or one approved by the fire marshal.
Carbon monoxide detection 26 TAC § 746.5531 Centers 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 26 TAC § 746.701 Centers 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…

Medication

Parent authorization 26 TAC §§ 746.3803, 747.3603 Centers · Family child care 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.
Giving and recording doses 26 TAC §§ 746.3805, 747.3605 Centers · Family child care 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…
Storage 26 TAC § 746.3807 Centers Keep medications out of children's reach or locked, stored so they cannot contaminate food, and refrigerated (separate from food) if required.

Immunizations

Required by admission 26 TAC §§ 746.613, 747.613 Centers · Family child care Every child must meet DSHS immunization requirements, and all shots required for the child's age must be done by the date of admission.
Exemptions 26 TAC § 746.615 Centers A child may be exempt for medical reasons or reasons of conscience, including religious belief, following the DSHS rule at 25 TAC § 97.62.
Acceptable records 26 TAC § 746.623 Centers 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.

Food and nutrition

Meals follow CACFP patterns 26 TAC §§ 746.3301, 747.3101 Centers · Family child care 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.
How often to feed 26 TAC § 746.3303 Centers 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 26 TAC § 746.2421 Centers 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.

Safe sleep

Back to sleep, in the infant's own crib 26 TAC §§ 746.2427, 747.2327 Centers · Family child care Place infants face-up to sleep in their own crib unless you have a Sleep Exception Form signed by a health-care professional.
Bare crib, banned equipment 26 TAC §§ 746.2415, 747.2315 Centers · Family child care 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).
No swaddling or covers 26 TAC §§ 746.2428, 746.2429 Centers · Family child care 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.
Crib safety 26 TAC § 746.2409 Centers 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).
Parents must be told about safe-sleep deficiencies 26 TAC § 746.311 Centers Within 5 days of being cited for a safe-sleep deficiency, a center must notify the parents of every enrolled child using Form 2970.

Discipline and guidance

Allowed discipline 26 TAC § 746.2803 Centers Discipline must fit the child, be consistent, and teach self-control through positive methods: praise, clear daily reminders, and redirection.
Prohibited punishment 26 TAC §§ 746.2805, 747.2705 Centers · Family child care 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,…

Records

Children's records 26 TAC § 746.603 Centers 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…
Admission information 26 TAC § 746.605 Centers 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…
How long and in what form 26 TAC §§ 746.803, 746.805 Centers 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.
Personnel records 26 TAC § 746.901 Centers 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),…
Parent rights 26 TAC § 746.521 Centers 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,…
Daily report for infants 26 TAC § 746.2431 Centers 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.
Children's records (homes) 26 TAC § 747.603 Family child care 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.

Sign-in/sign-out and release of children

Center sign-in/out tracking 26 TAC § 746.631 Centers 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.
Home attendance records 26 TAC § 747.635 Family child care 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.
Release only to authorized people 26 TAC § 746.4101 Centers Release a child only to a parent or someone the parent named.
Checking ID at pick-up 26 TAC §§ 746.4103, 747.3903 Centers · Family child care Have written release policies, including how to verify the identity of an authorized person the caregiver doesn't know (including at a vehicle).

Transportation and field trips

Car seats and seating 26 TAC § 746.5607 Centers 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.
Electronic child safety alarm 26 TAC § 746.5625 Centers 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.
Transportation safety training 26 TAC § 746.1316 Centers 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 26 TAC § 747.1901 Family child care 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.

Inspections, deficiencies and weights

Inspection frequency Tex. Hum. Res. Code § 42.044 Centers · Family child care HHSC must inspect licensed facilities at least once a year, and at least one visit must be unannounced.
Listed homes are not routinely inspected Tex. Hum. Res. Code § 42.052(i) Family child care 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 26 TAC § 746.305 Centers 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…
Change notices and the January 15 staff report 26 TAC § 746.303 Centers Notify HHSC in writing within 5 days of a change in director, designee or governing body.
Administrative penalties Tex. Hum. Res. Code § 42.078 Centers · Family child care HHSC may fine a facility, home or controlling person.
Denial, suspension and revocation Tex. Hum. Res. Code § 42.072 Centers · Family child care HHSC may deny, suspend, revoke or refuse to renew a permit for noncompliance.

Challenging a deficiency

Administrative review of a cited deficiency 26 TAC § 745.8803 Centers · Family child care 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…
Missing the window waives the review 26 TAC §§ 745.8805, 745.8807 Centers · Family child care Not disputing a decision within the required time frame waives the right to an administrative review, as does submitting a written waiver.
Hearing before SOAH Tex. Hum. Res. Code § 42.072(b) Centers · Family child care 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 Tex. Hum. Res. Code § 42.078; 26 TAC § 745.8613 Centers · Family child care 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.
Waivers and variances 26 TAC ch. 745, subch. J Centers · Family child care If you can't meet a standard for economic reasons you may request a waiver.

Texas daycare self-inspection checklist

Recent changes

Who needs a permit, and what kind

Child-to-caregiver ratios

Maximum group size

Director and caregiver qualifications

Background checks and FBI fingerprints

Training, first aid and CPR

Supervision, health and safety

Facility, furniture, equipment and hazards

Emergency preparedness and drills

Medication

Immunizations

Food and nutrition

Safe sleep

Discipline and guidance

Records

Sign-in/sign-out and release of children

Transportation and field trips

Inspections, deficiencies and weights

Challenging a deficiency

Email me when Texas's rules change