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Qualifications and Training for Home-Based Childcare Cargivers

 

     
 
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Important Information on Childcare Business Licensing

The Department of Family and Protective Services (DFPS) once oversaw licensing of childcare businesses. However, since 2017, the task of overseeing licensing now falls under the Department of Health and Human Services.  

Today, childcare providers may need to connect with DFPS if they suspect cases of child abuse or neglect. DFPS conducts these investigations and offers a state-wide hotline and website to report suspected incidents. For emergencies, call the hotline at 1-800-252-5400. For non-emergency reporting, use the website: https://www.txabusehotline.org.

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Knowing Your Home-Based Childcare Business Type 

Will you have a licensed, registered, or listed home-based childcare program? The type of business you have will determine your licensing requirements, the number of children you may care for, and which mandates your home must adhere to.  

  • Licensed Center: Has more than 7 children. Care provided outside of the director's home. Offers care for two to fewer than 24 hours at least three days a week. Has at least one annual, unannounced inspection from CCR. Must meet minimum standards for licensed centers. 
  • Licensed Home-Based: Located in the primary caregiver's home. Cares for seven to 12 children younger than 13. Care offered at least three days a week for two to fewer than 24 hours. Receives one unannounced inspection from CCR each year. Must meet minimum requirements for licensed home-based childcare. 
  • Registered Home-Based: Care for up to six children under 13 during school hours with an extra six under 13 after school. Care given in the primary caregiver's home. Has one unannounced inspection by CCR. Care provided at least four hours a day for at a minimum of three days a week for three consecutive weeks or care for forty days over a 12-month period. Must meet minimum standards for registered home-based childcare. 
  • Listed Home-Based: Care for no more than three unrelated children in the primary caregiver's home. No routine inspections. Must meet minimum standards for listed home-based childcare. 
  • Small Employer-Based: Care offered on the premises of an employer with fewer than 100 employees. No routine inspections required and no minimum standards. Provides care for up to 12 children of the small employer's workers.

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Licensed Home-Based Childcare  

To become a licensed facility, you must care for between seven and 12 children who are all 12 years old or younger in your home, if you serve as the primary caregiver, or the primary caregiver’s home.  

You must offer childcare for between two and 24 hours daily for three or more days each week.

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Registered Home-Based Childcare Business  

For your home to become a registered childcare business, you may care for no more than six children unrelated to you during the school day. After school, you may add another six school-aged children to your group. However, the total in your home, including related children, cannot exceed 12.  

Minimum required care for registered homes means offering one of the following options:  

  • Care for at least four hours a day for 40 days during a 12-month period or 
  • Childcare for a minimum of four hours per day for three or more days a week for at least three consecutive weeks.

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Listed Family Home-Based Family Childcare Business  

A listed family childcare home does not require routine inspections unless CCR has reports of neglect or abuse.  However, you still must meet the minimum requirements for your listed family home in caregiver backgrounds, liability insurance, hours, and number of children in your home.  

As a listed family home-based childcare business, you may not have more than three unrelated children in your care.  

The minimum number of hours to care for children in listed family homes is the same as for registered homes. You must provide services for:  

  • A minimum of four hours a day for three days each week for three consecutive weeks or  
  • Offer four or more hours of childcare per day for 40 days during a 12-month span.

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Requirements for Your Home-Based Facilities 

Home-based facilities have multiple requirements under Chapter 747 of the Texas Administrative Code that outline the amount and use of indoor and outdoor space. These rules help to ensure that the children under your care have enough room to play with others and do individual activities.  

Below, you’ll find a brief outline of some of the requirements for home-based childcare businesses. However, you should also take time to refer to the main guidelines from the state if you have specific questions about your home. Licensing will also help you to identify and correct any issues your home may have in becoming compliant.

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Requirements for Your Home – Inside and Outside
Space for Children Inside Your Home 

Your home must have a minimum amount of space inside and outside for each child in your care. These guidelines are suggestions for listed family homes, which do not have strict facility requirements.  

For licensed and registered homes, you must have at least 30 square feet of usable space for each child in your care. A good estimate of this space is the area of a queen-sized mattress. The maximum number of children in your home comes from the amount of space that you have per child but can never exceed 12 children in your care. The only exception to these space requirements is for homes registered or licensed before 2003 and have not had their credential expire.  

When determining if you have enough space, look only at areas where you use the space for childcare.  You can use the space for the following:  

  • Serving meals and snacks  
  • Activity centers  
  • Exploring areas around cribs  
  • Cribs, nap, and rest areas 
  • Individual and group activities  

When Licensing inspects your home, they will not count the following types of spaces or fixtures as part of your childcare-useable space:  

  • Bathrooms  
  • Cooking areas of the kitchen 
  • Hallways 
  • Storage rooms and spaces  
  • Built-in bookshelves  
  • Swimming pools 
  • Other built-in structures  
  • Counters or shelves not used by children  

The useable space in your home cannot be shared with other programs while you are caring for children. 

If you have a multi-story home or a basement level, you must check with the state or local fire authority to find out the rules and get permission for allowing children in those areas.  

Your home does not have to have a separate room for young children under 18 months. They can be in the same area with older children as long as you can directly interact with them and attend to their needs quickly.   

Bathrooms 

Yes, your home must have at least one bathroom with a flushing toilet and sink for children to use. However, you do not have to have special fixtures installed for children. As long as children in your care can safely and independently use the toilet and sink and the room allows for adult supervision, you may let them use your bathroom.  

To help kids reach the toilet or sink, you may install anchored steps or a broad platform in the bathroom. Potty chairs may also be used but never substituted for a flush toilet.  

Your sink must be working and have running water and soap available for children to thoroughly wash their hands. For drying their hands, children must have access to either disposable paper towels or washable towels. When using washable towels, use one for each child and label it with the child’s name to ensure only they use it.  

Sinks must have running water and soap. Provide disposable towels or reusable towels labeled with each child’s name. 

If your bathroom has a door lock accessible to children, either remove the lock or take measures to prevent a child from locking themselves in. Have an adult near the bathroom whenever a child under five uses the toilet. The adult must be able to unlock the door from the outside in an emergency. Licensing will request that you demonstrate this ability when they inspect your home.  

Furniture in Your Home 

As with the bathroom, you do not need to invest in child-sized furniture. The furnishings you already have will likely suffice if you can thoroughly clean them and children under your care can use them safely. You must use the straps when seating a child in any chair that includes straps.  

During nap time or at bedtime, each child must have their own waterproof or washable sleep surface. This surface may be a mat or cot, clearly labeled with the child’s name. If using floor mats, indicate on the mats which side lies on the floor and which the child sleeps on. Parents may bring a sleeping cot or mat for their children, if desired.  

Each child also needs storage for their things. Provide individual storage spaces for each child and label the space in a way the child can recognize it as their own. For children who can read, writing their names on the storage spaces works. However, for younger children, you may need photos of each child on the storage area to guide the children to their correct storage spots.  

Lofts 

If your home has a loft, you can include that space as part of the learning area of your childcare practices. However, children must have a safe way to access the loft, either with a rung ladder or stairs. Stairs need handrails to be safe. Additionally, the top of the loft must have a barrier to keep children from falling to the floor below.  

Phones  

Your home must have some way to communicate with parents and emergency officials. If you have a landline, you need to have the number listed.  

Since most homes today do not have landlines, you may use a cell phone as your primary telephone. For cell phones, you must give all parents the number and post it with all the required information you list for your childcare business. Additionally, if you have only cell phones, all caregivers must know your address to provide to emergency services if they have to use the c use the cell to call 911.

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Safety First in Children’s Play Areas  

Texas requires that you ensure children stay safe inside and outside your home by following some safety protocols. For example, children may not use the following types of playground equipment, regardless of their age:  

  • Swings that have heavy metal parts  
  • Multi-occupant swings  
  • Trampolines  
  • Giant strides  
  • Swinging gates  
  • Climbers that allow children to fall inside them 
  • Swinging rings  

Refer to the state’s guidelines for restrictions on playground equipment for children five and under.  

Before children play in any space, check the area for hazards, such as damaged equipment or trash on the playground. Clear the hazards away or keep children out of the area until you can have the issues corrected.  

To ensure that your outdoor playground space is safe, follow the state’s rules for:  

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    Requirements for Outside Your Home-Based Childcare Business  

    Space Requirements  

    As with indoors, your home must also offer adequate space outside. Each child in a registered or licensed home needs to have at least 80 square feet of space when using the area. Your home is exempt from this requirement if you were registered or licensed prior to 2003 and maintained your same license or registration since.  

    To protect kids, your outdoor area needs to have a four-foot-tall fence surrounding it unless only children five or older will use the areas. Your home may serve as one of the boundaries of the outdoor play area instead of the fence as long as your walls are at least four feet tall in that area.  

    Children need to have at least two ways to exit the play space outside. One exit can lead to your home, but the other must lead away from the home. If one or more of these exits have locking gates, all caregivers need to have some way to unlock and open the gate in an emergency. Licensing will request that the caregivers show they can quickly unlock the gates.  

    You do not have to have a backyard connected to your home. Wherever you take your children for outdoor play, they must have a safe route to get there from your home. Additionally, if you do have an unconnected area, you must get approval from Licensing to use it. You must also provide parents with written notification about the off-site outdoor play area once their children enroll.  All children need supervision when moving to the play area and while at play. Wherever children under your care play, they cannot share the space with children you do not care for or other programs. 

    If you plan to take children in your care to a swimming pool or use wading pools or splash areas, use the state’s guidelines for supervision and play area requirements.

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    Ratios of Children to Caregivers in Home-Based Childcare

    For all home-based childcare businesses, caregivers may never have more than 12 children in the home at any time, including any children related to you. The maximum number of children for a specific home depends on the ages or developmental stages of the children and the type of home.  

    Registered Homes  

    In registered homes, the number of children cared for and ratios of children to teachers cannot increase, even with additional caregivers. The state offers a table listing age groups and maximums for registed homes. Refer to this for specific ratios of children in the home.  

    Licensed Homes 

    Licensed homes may have different numbers of children from various age groups with more caregivers. The number of children in a licensed home with one caregiver is on a state-created table. Similarly, the state also lists the number of children from each age group allowed when a licensed home has two caregivers. When a licensed home has three or more caregivers, they may provide care for up to 12 children between birth and 13, without limitations on age groups.  

    If you choose to take children from your licensed or registered home to a wading or splashing area, you must adhere to a new set of ratios. For any type of waterplay, you must have a second adult present if there will be any children under 24 months present.  

    Swimming pools more than two-feet deep require new ratios of children to caregivers and the presence of a certified lifeguard. The lifeguard can only be a part of your child-to-caregiver ratio if they are a caregiver for your home-based business. All adults included in the child-to-caregiver ratio must know how to swim and do so in an emergency.  

    Transportation Requirements for Childcare Homes  

    The state of Texas has different requirements for those transporting children to or from a childcare facility. Make sure that your director and anyone involved in transporting children under nine, or under the development age of nine, has the correct training and licensing.  

    Licensing Board Requirements for Transporting Children  

    Transporting children requirements are the same, regardless of the type of childcare facility they travel to or from. Feel free to look through the regulations on transportation for your type of facility, home-based or childcare center.  

    Vehicle Requirements  

    The Licensing Board does not specify the type of vehicle you can transport children in. Whether you use a general-purpose vehicle, such as a van, or a large or small school bus, the vehicle must meet the requirements for its type from the Texas Department of Motor Vehicles. Additionally, the vehicle needs regular maintenance for safe operation.  

    Restraining Passengers and Drivers  

    All drivers and adult passengers must wear safety belts whenever the vehicle is moving. Only in large school buses that do not have passenger seat belts can adult passengers ride without one.  

    Children must be restrained according to their height and weight.  

    Generally, when riding in small school buses or general-purpose vehicles, children under two must be in a properly restrained rear-facing child safety seat.  

    Children ages four to seven who are within the height and weight requirements for a forward-facing child safety seat must use one.  

    Those ages seven and up who have outgrown child safety seats but are not tall enough for the shoulder strap to go across their chest should have a booster seat or a belt-positioning vest or harness.  

    When children reach the correct size and age for using safety belts, always place one child per safety belt. Only use the shoulder harness for a child if it fits properly across the chest and does not cut into their neck or sit behind them. If the child is too small to properly wear a shoulder harness, place them in a booster seat, vest, or harness that places the seatbelt shoulder strap in the correct position across the child’s chest.  

    Parents or your childcare facility may provide the age and size-appropriate safety seats for children.  

    For large school buses, follow the manufacturer’s instructions for safely securing children of various ages.  

    Finally, do not allow any children under 12 years old to ride in the front seat.  

    Equipment to Always Have on the Vehicle or with the Driver  

    Vehicles need to have either a two-way radio or cell phone on board to call for help in case of an emergency. Additionally, for childcare centers, a caregiver at the center must know the set transportation route, leave, and return times. They must take action to find the vehicle if it has not returned when expected.  

    Also, every vehicle transporting children must have:  

    • The driver’s current driver’s license for the type of vehicle used
    • A list of children on board
    • Parents’ names and phone numbers for each child 
    • Emergency contact information for each child
    • Signed emergency medical transport and treatment forms for each child

      In addition to the above, childcare center vehicles must have the following:  

      • First aid kit 
      • Fire extinguisher  
      • The name and phone number of the childcare center printed on the exterior of the vehicle or the childcare center’s director’s name, center phone number, and center name in the passenger area of the vehicle or glove compartment.  

      While adults on board may never need the above materials, they are vital if an emergency occurs.  

      Loading and Unloading  

      When loading and unloading a vehicle, try to find a protected driveway or parking lot to do so. If any children must cross a street, a qualified adult must accompany the children.  

      Before leaving the vehicle, ensure that all children have left. Conducting a physical walk through of the vehicle to check between seats can ensure that no children remain in the vehicle.  

      Never leave any child alone in a vehicle at any time. There must always be an adult present with children in a vehicle.  

      Number of Adults on Board the Vehicle  

      Adults must always supervise children in a vehicle per the following requirements for home-based facilities:  

      For home-based childcare facilities, the ratio of children to caregivers must be the standard ratio your home uses if your vehicle has children over 24 months. If you have a home, you need one adult in addition to the driver if you have more than four children under 24 months. 

      For all types of childcare business, the driver only counts in the ratio if they are a qualified caregiver and all children are over 24 months.  

      Child Safety Alarms for Childcare Center Transportation Vehicles  

      Your childcare center’s vehicle needs to have a child safety alarm to alert the driver to check for children before leaving and locking the vehicle.  

      Transportation vehicles used for childcare centers and purchased or leased any time after December 31, 2013 must have child safety alarms installed if both of the following apply:  

      • The vehicle transports eight or more children and 
      • Your childcare center uses the vehicle for transporting children. 

      Check the alarm to ensure that children cannot turn it off. Only a qualified adult or the driver should have access to turning off this safety alarm.   

      Whenever the child safety alarm goes off, the driver must check that all children aboard are accounted for and conduct a physical walkthrough of the vehicle.  

      Your center must maintain information on when you first purchased or leased any vehicles used to transport children. The only exceptions to this requirement are if your vehicles have child safety alarms equipped or they do not transport eight children or more.  

      Transportation Training  

      Before driving a vehicle or riding in one with children who have developmental ages of nine or lower, employees and the center director must complete two hours of transportation safety training.  

      This training cannot count toward any other hours of professional training. Therefore, for directors of centers that transport children, the directors must have 30 hours of annual training plus two hours of transportation safety training.  

      As with other types of professional training, those who must have transportation safety training must repeat the training once a year.

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      How to License Your Home-Based Childcare Business

      Licensing or registering your home-based childcare business is vital to providing parents peace of mind that their children are cared for in an environment that meets childcare standards.  

      To show that your home is up to these standards, you will go through an application process for licensing, listing, or registration.  

      First, you will need to complete application documents, which differ based on the type of home-based childcare you offer.  

      For listed family home-based childcare, you will need to do the following during the application submission process:  

      If you have a registered childcare home, you’ll have a few extra steps to take to submit your application. These steps for registered home-based childcare operations are:  

      Finally, if you want to have a licensed home-based childcare operation, you must do the following to complete the application paperwork process:  

      After submitting your application documents, Licensing will review your forms for completion. They will either accept the application or return incomplete forms for you to finish.  

      For licensed and registered home-based facilities, Licensing will conduct an inspection of the premises. The results from this inspection with the application will determine Licensing’s decision to issue you a permit or deny you one.  

      If you move your childcare business to another home, you must let Licensing know within 15 days. For registered homes, Licensing will schedule an inspection of your new site and renewal of your permit. If you have a listed family home-based childcare business, Licensing will update the listing for your operation. 

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