The following types of child care operations and activities are subject to regulation under Chapter 42 of the Texas Human Resources Code (HRC):

• Child day care — Operations that provide care to children younger than 14 years old for less than 24 hours at a time.
• Residential child care — Operations that provide care to children younger than 18 years old for 24 hours a day.
• Administrator licensing — People licensed as child care administrators, child placing agency administrators, or both.

DFPS Responsibilities

DFPS investigates allegations of abuse, neglect, or exploitation alleged to have been perpetrated in or by these operations or activities.

HHSC Responsibilities

The Texas Health and Human Services Commission (HHSC) does the following:

• Monitors or enforces regulations for these operations and activities.
• Licenses, lists, or registers these operations or activities.

Unlicensed or Unregulated Operations

Chapters 42 and 43 of the HRC define specific types of child care operations and activities, with further regulatory requirements established by HHSC. If a business provides child care in a manner within HRC definitions but without a listing, registration, or license provided by HHSC, the business is operating illegally unless it is eligible for an exemption under Section 42.041(b) of the HRC (see also 1150 Investigation Jurisdiction). Child care activities that are operating illegally but still subject to state regulation remain within the investigative jurisdiction of CCI.

Child care that is not subject to regulation by Chapter 42 of HRC is not within CCI’s investigative jurisdiction.