Chapter 42 of the Texas Human Resources Code requires the Health and Human Services Commission to regulate child care and child-placing activities in Texas and to create and enforce minimum standards. Chapter 42 also requires the Texas Department of Family and Protective Services to investigate alleged child abuse and neglect in child-care facilities.
Charged with this task, the HHSC Child Care Licensing Department, Regulatory Services Division, develops rules for child-care in Texas. Once proposed, reviewed and adopted, these rules become part of the Texas Administrative Code (see the child care licensing rules). Each set of Minimum Standards is based on a particular chapter of the Texas Administrative Code and the corresponding child-care operation permit type(s). For example, Chapter 746 is the Minimum Standards for Child-Care Centers and Chapter 749 is the Minimum Standards for Child-Placing Agencies. The Minimum Standards mitigate risk for children in out-of-home care settings by outlining basic requirements to protect the health, safety and well-being of children in care.
Each of the Minimum Standards has been assigned a weight – high, medium, medium-high, medium-low or low — based on the risk that a violation of that standard presents to children. Weights are noted in the left margin next to each standard or subsection. Only those standards that can be violated (marked as a deficiency) are weighted. For example, definitions are not weighted.
Assigning weights to the Minimum Standards takes into account the relative importance of standard violations and helps facilitate a clear and common understanding of risk among providers, consumers and CCL staff. With a clear and common understanding regarding the risk associated with each standard deficiency, child-care providers and CCL staff can use this information as a guide in correcting deficiencies and setting priorities when making corrections.
For more information on enforcement actions, including monetary penalties, see the Enforcement Actions webpage.
What's New in Licensing?
Day Care Operations
- Chapter 743 Shelter Care (PDF)
- Chapter 744 School-Age and Before or After-School Programs (PDF)
- Chapter 746 Child-Care Centers (PDF)
- Chapter 747 Registered and Licensed Child-Care Homes (PDF)
24-Hour Residential Care Operations & Child-Placing Agencies
For the charts that specify whether a conviction permanently or temporarily bars a person from being present at an operation while children are in care, whether a person is eligible for a risk evaluation, and whether a person who is eligible may be present at the operation pending the outcome of the risk evaluation see the Criminal Convictions Charts page for more information.