TX :: Child Care Investigations Handbook :: 1100 DFPS Authority to Investigate Abuse, Neglect, and Exploitation :: 1141 Types of Child Day Care Operations

TX :: Child Care Investigations Handbook :: 1100 DFPS Authority to Investigate Abuse, Neglect, and Exploitation :: 1141 Types of Child Day Care Operations

The following table describes the types of child day care that are subject to regulation under Chapter 42 of the Texas Human Resources Code (HRC). For additional requirements for these types of operations by the Child Care Regulation (CCR) division of the Texas Human Health Services Commission (HHSC), see also Title 26, Section 745.37(2) of the Texas Administrative Code.

HRC Operation TypeCCR Operation TypeDescription

Family home

§42.002(9)

Listed family home

The primary caregiver does all of the following:

  • Provides regular care in the caregiver’s own home.
  • Serves children whose ages range from birth through 13 years old.
  • Provides care for at least four hours a day, three or more days a week, and more than three consecutive weeks.
  • Serves no more than three children who are unrelated to the caregiver.
  • Serves no more than 12 children total, including children who are related to the caregiver.

Family home

§42.002(9)

Registered child care home

The primary caregiver does all of the following:

  • Provides regular care in the caregiver’s own home.
  • Provides care to no more than six children whose ages range from birth through 13 years old.
  • Provides care during after-school hours to no more than six additional elementary school children.
  • Serves no more than a total of 12 children at any given time, including children related to the caregiver.

Family home

§42.002(9)

Licensed child care home

The primary caregiver does all of the following:

  • Provides care at the caregiver’s own home.
  • Provides care to children whose ages range from birth through 13 years old.
  • Serves no more than a total of 12 children at any given time, including children related to the caregiver.

Day-care center

§42.002(7)

Child care center

The operation does all of the following:

  • Provides care at a location other than the home of the director, owner, or permit holder.
  • Provides care to seven or more children whose ages range from birth through 13 years old.
  • Provides care for less than 24 hours per day, but at least two hours per day, for three or more days per week.

Employer-based day-care facility

§42.151(1)

Employer-based child care

An operation managed by a small employer that does all of the following:

  • Provides care on the employer’s premises and in the same building where the parents work.
  • Provides care to no more than a total of 12 children of employees.
  • Provides care to children whose ages range from birth through 13 years old.
  • Provides care for less than 24 hours per day.

Shelter day-care facility

§42.201(3)

Shelter care

An operation that does all of the following:

  • Provides care at a temporary shelter, such as a family violence or homeless shelter, while the resident parent is away from the shelter.
  • Provides care for seven or more children whose ages range from birth through 13 years old.
  • Provides care for at least four hours per day and three days per week.

Before-school or after-school program

§42.002(20)

Before or after-school program

An operation that does all of the following:

  • Provides care before or after, or before and after, the customary school day and during school holidays.
  • Provides care for children who attend prekindergarten through grade six.
  • Provides care for at least two hours per day and three days per week.

School-age program

§42.002(21)

School-age program

An operation that does all of the following:

  • Provides supervision, along with recreation, skills instruction, or skills training.
  • Provides care before or after the customary school day, and may also provide care during school holidays, summer break, or any other time when school is not in session.
  • Provides care for children who attend prekindergarten through grade six.
  • Provides care for at least two hours per day and three days per week.


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