Are In-Home Daycares in Texas Held to the Same Standards as Licensed Centers?

Do All In-Home Daycares in Texas Require a License?

Not necessarily. The difference between a licensed daycare and a registered daycare is the amount of state involvement in regulating the daycare facility.

A daycare center that watches over seven or more children for less than 24 hours a day at a location other than the caregiver’s home must be licensed by the state. Additionally, a home-based daycare that is responsible for no more than 12 children, including the caregiver’s own children, at their own residence must also be licensed by the state. Read more about the important rules and regulations for licensed daycare centers here.

However, registered facilities that care for fewer children do not require a license and are not closely regulated. Generally, registered daycare options rely on self-monitoring and parental monitoring or feedback.

When someone opens any type of childcare facility—whether a traditional center or residential option—the operator must undergo an on-site inspection, complete an orientation class, and complete a background check.

You can learn more about the Texas daycare standards in this article.

What Rules Are Licensed In-Home Daycares Required to Follow in Texas?

If an in-home daycare is licensed or registered, they must follow Texas’ Minimum Standards for Childcare Homes. These regulations include:

• Background checks for all adults living or working in the home
• CPR and first-aid certification for caregivers
• Child-to-caregiver ratio limits based on the age and number of children
• Daily schedules and learning activities to promote child development
• Fire and emergency plans and escape routes
• Proper storage of hazardous materials such as cleaning supplies or medications
• Safe sleeping practices for infants

Licensed homes are also routinely inspected and must allow parents to see inspection records.

What Should I Look for When Visiting an In-Home Daycare in Texas?

While many listed family homes offer loving care, they are not held to the same standards as licensed daycares. For example, they are not inspected unless a complaint is made, and caregivers may not be certified in first aid or CPR. There are no enforced staff-to-child ratios, and the home is not routinely checked for safety purposes.

Here are some key questions to ask and things to watch for during your visit to an in-home daycare:

• Are dangerous items out of reach? Keep an eye out for cleaning products, medications, and sharp objects. They should be completely inaccessible to curious little ones.
• Are there enough caregivers for the number of children at the in-home daycare? Even if the homeowner operates the daycare within the requirements, one person should not be tasked with too many kids.
• Are security cameras installed in the home or rooms where your child will spend time? Any recorded footage can be helpful in determining what happened in the event that your child is harmed while attending the at-home daycare.
• Does the homeowner have proof of training or certification? If the home daycare is licensed or registered, the homeowner should have CPR, first-aid, and annual training certifications.
• Do the children seem happy and engaged? Watch how the homeowner interacts with the children. Be sure to note the emotions and actions of the children at the in-home daycare. It is a red flag if the children are fighting, seem fearful, or withdrawn.
• How do you communicate with parents? Check to see if the caregiver texts or emails updates to parents and how frequently.
• How is discipline handled? Ensure discipline methods are age-appropriate and never involve physical punishments, yelling, or emotional abuse, such as name-calling.
• How many children attend, and what are their ages? The caregiver’s response to this question will give you insight into how closely your child will be supervised. If the at-home daycare oversees infants and toddlers, a caregiver’s stretched attention can put your child at a greater risk of being injured or having their needs neglected.
• Is the home clean and child-friendly? Look to see if heavy furniture is properly anchored to the wall, lower cabinets are baby-proofed, outlets are covered, and play areas are clean.
• What is the emergency plan? Ask how the caregiver handles child injuries, allergic reactions, or other emergencies. Check to see if they maintain a binder or sheet of emergency contacts that are easily accessible.
• Where do children sleep and nap? For infants, ask about safe sleep practices. Be sure the homeowner complies with best practices, such as placing the baby on a flat surface without any blankets or toys and placing the child on their back.
• Will other adults be in the home during operating hours? You want to be informed of everyone who could potentially have contact with your child.

No matter the listed, registered, or licensed status, it is important to research the childcare facility, ask the right questions, and ensure that the level of care at the in-home daycare is safe and nurturing.

More Resources to Help You Find Safe Childcare

In Texas, not all daycare options are created equal. Check out more of our free resources to help you find a safe childcare option that is best for your family:

• 10 Tips for Finding a Safe Daycare Center Guide
• Video: Commonly Violated Minimum Standards at Daycare Centers
• Finding a Safe Daycare Video Series

Was Your Child Harmed at a Daycare Center in Texas? Contact The Button Law Firm.

If your child was harmed or severely injured at an in-home, licensed, or registered daycare center, contact our experienced daycare injury lawyers at The Button Law Firm. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at [email protected], or fill out a contact form for a free case evaluation.