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Texas Small Family Child Care Home Licensing Requirements

Capacity limits, provider qualifications, home safety requirements, and the step-by-step licensing process for Texas small family child care homes.

Texas Small Family Child Care Home — Compliance Quick Reference
License typeSmall family child care home
Regulating agencyTexas Health and Human Services Commission — Child Care Regulation
Regulatory codeTX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers)
Typical maximum capacityUp to 6–8 children (verify with HHSC)
Provider credentialNo Director Permit required in most states; background check + pre-licensing orientation required
CPR/First AidRequired — must be current before license issued
Annual trainingContinuing education required (hours vary by state)
SettingProvider’s own private residence

Texas small family child care home: Capacity rules

Small family child care homes in Texas use a capacity model rather than a traditional staff-to-child ratio. The licensed capacity is set under TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers) and depends on the ages of children and whether the provider is alone or has an assistant present.

Small family child care homes operate on a capacity model, not a staff-to-child ratio model. The provider is the caregiver — no assistant is required. For programs caring for a larger group, see the Texas large family child care home requirements.

Capacity scenarioStaffing requiredNotes
Up to 6 children Provider alone Typical base capacity; verify with HHSC for infant limits
7–8 children Provider alone (if criteria met) Additional criteria may apply (age mix, infant limits); verify with Texas Health and Human Services Commission
Provider’s own children Counted in total Own children under specified age who are home during care hours typically count toward capacity

Texas small family child care home: Credential & training requirements

Provider / Licensee requirements

To operate a small family child care home in Texas, the provider must be at least 18 years old, pass a criminal background check (fingerprinting), and complete a pre-licensing health and safety orientation approved by Texas Health and Human Services Commission. A formal ECE degree or director permit is generally not required for small family homes in most states.

CPR and first aid

Current CPR and pediatric first aid certification is required before the license is issued and must be kept current throughout the licensing period. Some states require household members or substitutes to also hold CPR certification.

Annual training requirements

After licensure, providers in Texas must complete continuing education hours annually as required by Texas Health and Human Services Commission. Training topics typically include child development, health and safety, and first aid. Contact HHSC for the current annual training requirement.

Texas small family child care home: Facility requirements

The following physical environment standards apply to small family child care homes in Texas under TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers).

SettingMust be the provider’s primary residence; not a commercial building
Home inspectionHHSC licensing analyst inspects the home before license issuance — checks for safety hazards, fencing, safe sleeping areas, and emergency exits
Outdoor spaceFenced outdoor play area required; equipment must be age-appropriate and in good repair
Sleeping arrangementsSafe sleep practices required; appropriate sleep surfaces for infants; no shared sleep surfaces
ZoningCheck with your local city/county — some jurisdictions require a home business permit or conditional use permit for a family child care home

How to get a small family child care home license in Texas

The small family child care home licensing process in Texas is administered by Texas Health and Human Services Commission. Follow these general steps:

  1. Contact Texas Health and Human Services Commission — Child Care Regulation to request a small family child care home application packet.
  2. Complete the application forms including disclosure of all adults (18+) residing in the home, who must submit fingerprints for background checks.
  3. Complete the required pre-licensing health and safety orientation.
  4. Obtain current CPR and pediatric first aid certification for the provider.
  5. Schedule and pass the pre-licensing home inspection by a HHSC licensing analyst.
  6. Obtain any required local permits (zoning, fire, or home business permit) from your city or county.
  7. Receive your small family child care home license from Texas Health and Human Services Commission.

Licensing contact: Texas Health and Human Services Commission — Child Care Regulation.
Official resource: https://hhs.texas.gov/providers/child-care-regulation/minimum-standards

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Frequently asked questions: Texas small family child care home licensing

How many children can I care for in a small family child care home in Texas?
Small family child care homes in Texas are typically licensed for up to 6–8 children total, including the provider’s own children under a specified age. The exact capacity limit is set under TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers) and may depend on the age mix of children and whether an assistant is present. Contact Texas Health and Human Services Commission for the current capacity rules specific to your home setting.
Do I need a director permit or teaching credential to operate a small family child care home in Texas?
Most states, including Texas, do not require a Child Development Director Permit or formal teaching credential to operate a small family child care home. The primary requirements typically include: passing a criminal background check, completing a pre-licensing health and safety orientation, and holding current CPR and pediatric first aid certification. Contact Texas Health and Human Services Commission for current qualification requirements.
Do my own children count toward the capacity limit in Texas?
In most states, the provider’s own children under a specified age (typically under age 10) who are present in the home during childcare hours count toward the licensed capacity. Children at school during care hours may not count. Verify the specific rule with Texas Health and Human Services Commission as this varies by state.
What is the difference between a small and large family child care home in Texas?
A small family child care home in Texas typically serves a smaller group (up to 6–8 children) with the provider as the sole caregiver. A large family child care home serves a larger group (typically up to 12–14 children) and requires an assistant caregiver to be present. Large homes are licensed under different provisions of TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers). See the Texas large family child care home page for details.
What home safety requirements must I meet to get a Texas family child care home license?
Texas small family child care home applicants must pass a pre-licensing home inspection by HHSC. Key requirements typically include a fenced outdoor play area, safe sleep surfaces for infants, functioning smoke and carbon monoxide detectors, safe storage of medications and hazardous materials, and an emergency exit plan. All water features must be securely fenced. Contact Texas Health and Human Services Commission for the complete inspection checklist.

Sources & references

This page was compiled from official government sources. Always verify current requirements directly with Texas Health and Human Services Commission before making licensing or compliance decisions.

Also in this guide: Texas Childcare Center Requirements, Texas Large Family Child Care Home Requirements, Texas Preschool Requirements

Disclaimer: This page is for informational purposes only and should not be construed as legal or compliance advice. Childcare licensing requirements change frequently. Always verify current requirements directly with Texas Health and Human Services Commission at https://hhs.texas.gov/providers/child-care-regulation/minimum-standards before making compliance decisions. Last verified: April 2026.