Whether a person or entity is required to register as a day-care facility depends on several factors, such as: 

1. The age of the children participating in the program
2. The number of children
3. The number of days per week and hours per day that children participate in the program
4. Whether the program takes place inside a residence or not
5. Whether or not the parents of the children participating in the program are regularly present on-site and/or nearby.  
6. Whether the program is an educational program qualifying for exemption. 

Generally speaking, a program that involves parents bringing their children to a certain house on a regular basis and staying with them all or most of the time will not be subject to regulation. If the program takes place at a commercial location somewhere, not inside a residence, or if the parents are minimally present and involved in the program, it is more likely that the program could be subject to regulation. 

Even if the program is subject to regulation, it could qualify for an exemption as an educational program or a program of limited duration. To determine whether your program is subject to regulation, compare your program to this chart:

Programs Requiring Licensure or Registration

Source: 26 TAC §745.37(2)

To determine whether your program qualifies for an exemption from licensure or registration as a program of limited duration, compare your program to this chart:

Limited Duration Programs Qualifying for Exemption

Source:  26 TAC §745.117

To determine whether your program qualifies for an exemption from licensure or registration as an educational program, compare your program to this chart:

Educational Programs Qualifying for Exemption

Source:  26 TAC §745.119

In addition to meeting the exemption requirements above, if a program offers residential child care and is seeking exemption as an educational program, it must also meet the following two requirements:

1. Parents must retain primary responsibility for financial support, health problems, or serious personal problems of the students; and
2. The provision of residential child care must be solely for facilitating the student’s participation in the educational program and must not exist apart from the educational aspect of the facility.

Source: 26 TAC §745.125

If you believe that your program is subject to licensure or registration and you would like to apply for an exemption, you can fill and submit one of these forms

Governing Authority:

• 26 TAC §745.37(2)
• 26 TAC §745.117
• 26 TAC §745.119
• 26 TAC §745.125