Child Daycare Regulations in Texas

The Department of Family and Protective Services (DFPS) is the governing agency for establishing and enforcing child care laws and regulations in the state of Texas. These laws and regulations are established to ensure that children are cared for in a safe environment by qualified staff. Child daycare centers must be licensed through DFPS to operate legally.

  1. License

    • To obtain a license the operator of the center must contact the Child Care Licensing Office of the DFPS and obtain the application packet for licensing. This packet includes all application forms required for licensing, including forms for Plans of Operation, Policies and Procedures, Criminal Background Check forms, and others. Once all forms have been completed and submitted the department conducts an inspection to ensure compliance with state standards and regulations. To maintain licensing of a daycare facility the facility must remain in compliance with state standards and pass regular inspections as well as at least one unannounced inspection every two years.

    Operator and Staff

    • The operator of the daycare center must ensure that the facility is in compliance with the standards and regulations of the state. The operator must develop and implement operational policies, create written personnel policies, designate a director for the program, and notify the licensing office about changes within the daycare among other duties. The staff must include a child-care center director who is at least 21 years of age, possesses a high school diploma or its equivalent, and has met one of the defined combinations of education and experience. Caregivers employed by the daycare must be at least 18 years of age and possess a high school diploma or its equivalent. Caregivers are also required to complete eight hours of pre-service training in child care, orientation training for the daycare center,and also complete a criminal background check and a TB test. All other employees, including aides, kitchen staff, drivers, and volunteers must submit to a criminal background check, a TB test, and complete orientation training for the daycare center.

    Facility

    • The facility must provide at least 30 square feet of usable space inside the facility for each child and 80 square feet of usable space per child on the outdoor play area, with usable space defined as space in which children can move freely for exercise and development of physical skills. The facility must provide at least one sink and one toilet for every 17 children. There must be adequate sleeping arrangements for infants and toddlers, as well as designated diaper changing stations. All equipment used must be well maintained and kept clean. Fire exits should be unobstructed and the facility should be outfitted with smoke detectors and fire extinguishers. An emergency plan should be clearly posted along with emergency numbers, building and zoning permits, and the daycare&'s license.

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