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A program that is exempt from HHSC regulation or is otherwise not subject to HHSC regulation may operate legally without receiving a permit (license, certification, registration or listing) from Child Care Licensing; or complying with the statutes, rules, or standards that govern regulated child care in Texas. Such a program does not have to meet the requirements of a specific exemption under Texas Human Resources Code (HRC) §42.041(b).
When to Prepare
Licensing uses this form to determine whether a program is exempt from HHSC regulation based on an exemption for one of the following:
- A neighborhood recreation program under Title 40 Texas Administrative Code (TAC) §745.129(1) (the rules will be transferred to Title 26 at a later date).
- A caregiver who has a written agreement with a parent to provide residential care under 40 TAC §745.129(3) and 40 TAC §745.129(9).
- An emergency shelter for minors under 40 TAC §745.129(4).
- A child or sibling group placed by the Department of Family and Protective Services (DFPS) under 40 TAC §745.129(5).
- A food distribution program under 40 TAC §745.129(6).
- An emergency shelter for victims of human trafficking under 40 TAC §745.129(7).
- Respite care for a local mental health authority under 40 TAC §745.129(8).
For further clarification, review 40 TAC Chapter 745 (Licensing), Subchapter C, Operations That Are Exempt From Regulation.
Mail the completed form and supporting documentation to the nearest Child Care Licensing office.
Complete all sections of the form that are relevant to your type of program. If a question does not apply, enter Not Applicable in the space. Note: If you are requesting an exemption for 40 TAC §745.129(2) Skills Program, use Form 2832, Single Skills Program During School Year Request for Exemption from Child Care Licensing Regulation, or Form 2833, Single Skills Program During Summer Request for Exemption from Child Care Licensing Regulation, instead of this form. For answers to any questions when completing the form, contact your local Licensing office.
For further clarification, review 40 TAC Chapter 745 (Licensing), Subchapter C, Operations That Are Exempt From Regulation at: Child Care Standards and Regulations page.