Child Care Definitions and Exemptions - Texas

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Definitions

 

Child Care Centers

Child-care center - A child-care facility that is licensed to care for seven or more children for less than 24 hours per day, at a location other than the permit holder’s home, except as otherwise provided in §746.107 of this title. 40 Tex. Admin. Code § 746.105(15).

 

Child Care Homes

Child-care home - A registered or licensed child-care home, as specified in §747.109 of this title (relating to What is a registered child-care home?) or §747.111 of this title (relating to What is a licensed child-care home?). This term includes the program, building, grounds, furnishings, and equipment. 40 Tex. Admin. Code § 747.105(16).

In a registered child-care home, the registered primary caregiver provides care in the caregiver’s own residence for not more than six children from birth through 13 years, and may provide care after-school hours for not more than six additional elementary school children. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12. 40 Tex. Admin. Code § 747.109.

In a licensed child-care home, the licensed primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years, unless the operation was licensed as a group day care home prior to September 1, 2003. 40 Tex. Admin. Code § 747.111(a).

A child-care home licensed as a group day care home prior to September 1, 2003, may provide care at a location other than the primary caregiver’s own residence, until the permit is no longer valid. A location, other than the primary caregiver’s own residence, is subject to the minimum standards in this chapter and, if applicable, the conditions specified in §745.373 of this title (relating to May I have more than one licensed child-care home?) 40 Tex. Admin. Code § 747.111(b).

 

School Age and Before or After School Programs

Before of After-school program - An operation that provides care before and after or before or after the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend prekindergarten through grade six. 40 Tex. Admin. Code § 744.105(7).

School-age program - An operation that provides supervision and recreation, skills instruction, or skills training for at least two hours a day and three days a week to children who attend pre-kindergarten through grade six. A school-age program operates before or after the customary school day and may also operate during school holidays, the summer period, or any other time when school is not in session. 40 Tex. Admin. Code § 744.105(42).

 

Exemptions

 

Child Care Centers

The minimum standards in this chapter apply to the following types of child-care facilities:

  1. All child-care centers licensed on or after September 1, 2003, to care for seven or more children for less than 24 hours per day at a location other than the permit holder’s home; and
  2. All child-care facilities licensed before September 1, 2003, as a day-care center, kindergarten and nursery school, school: grades kindergarten and above, or drop-in care center, regardless of whether the facility operates in the permit holder’s home. 40 Tex. Admin. Code § 746.107(a).

You, the permit holder, must ensure compliance with all minimum standards in this chapter at all times, with the exception of those minimum standards identified for specific types of child-care programs or activities that your child-care center does not offer. For example, if we license you to offer only toddler and pre-kindergarten care programs, you do not have to comply with minimum standards that apply only to infant care, school-age care, get-well care, or nighttime-care programs; however, you must comply with all other minimum standards. 40 Tex. Admin. Code § 746.109.

 

Child Care Homes

The minimum standards in this chapter apply to all:

  1. Child-care homes registered or licensed by us to care for 12 or fewer children in the caregiver’s own home for less than 24 hours per day; and
  2. Family homes registered by us before September 1, 2003. 40 Tex. Admin. Code § 747.107(a).

If the child-care home is registered, the permit holder must ensure compliance with all minimum standards in this chapter, with the exception of any minimum standard requirements specified for licensed child-care homes. 40 Tex. Admin. Code § 747.113(a).

If the child-care home is licensed, the permit holder must ensure compliance with all minimum standards in this chapter, with the exception of any minimum standard requirements specified only for registered child-care homes. 40 Tex. Admin. Code § 747.113(b).

The permit holder is not required to comply with minimum standards identified for specific types of child-care programs or activities the child-care home does not offer, such as transportation or swimming activities. 40 Tex. Admin. Code § 747.113(c).

 

School Age and Before or After School Programs

The minimum standards in this chapter apply to the following types of operations:

  1. All child-care facilities licensed on or after September 1, 2010, to provide before and after-school care program services exclusively;
  2. All child-care facilities licensed on or after September 1, 2010, to provide school age program services exclusively; and
  3. All child-care facilities licensed before September 1, 2010, as a licensed childcare center exclusively providing before-school and after-school program services or school-age program services on or after September 1, 2010, will be required to amend their permit to reflect that they are subject to the minimum standards in this chapter. This must be completed no later than September 1, 2011. 40 Tex. Admin. Code § 744.107.

You, the permit holder, must ensure compliance with all minimum standards in this chapter at all times, with the exception of those minimum standards identified for specific types of child-care programs or activities that your operation does not offer. For example, if we license you to provide care for school-age children exclusively, you would not be responsible for complying with rules regarding pre-kindergarten children; however, you must comply with all other minimum standards. 40 Tex. Admin. Code § 744.109.

 

Current through August 2017. For a PDF of the 50-state dataset, click here (this is a large document - you may need to use the zoom function in order to read it). If you would like the spreadsheet version of the dataset, please email Natasha Frost at Natasha.Frost@mitchellhamline.edu.