Texas child care license-exempt care
When home-based care is exempt from licensing and how exempt providers register for subsidy. This page isolates the configured Texas figures, related explanations, and primary source links from the full licensing guide.
Cited to 26 TAC Chapter 746Verified July 2026Summary only, not legal advice
When Texas home-based care is license-exempt
Statewide-uniform under Tex. Human Resources Code §§ 42.041, 42.052 (thresholds transcribed from the statute). Care exclusively for related children is exempt at any number; the list-vs-register boundary is 3 or fewer unrelated children (must LIST) vs 4 or more unrelated (must REGISTER); family homes cap at 12 children total; a Licensed Child-Care Center (26 TAC Ch. 746) begins at 13+ children. Other HRC § 42.041(b) exemptions include TEA-accredited educational facilities, programs running under 3 consecutive weeks and under 40 days in a 12-month period, and care under 2 hours/day on regular business days.
| Provider type | Max unrelated children | Registration |
|---|---|---|
| Exempt (unregulated): care exclusively for children related to the caretaker | 0 | None required. Care exclusively for related children is exempt at any number (HRC § 42.052). |
| Listed Family Home (caretaker's own residence, for compensation) | 3 | 3 or fewer unrelated children must LIST with HHSC (background check; the listing must state 'THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED...') (HRC § 42.052(c)). |
| Registered Child-Care Home (family home) | 12 | 4 or more unrelated children triggers REGISTRATION with HHSC (background checks, pre-registration, monitoring); family homes cap at 12 children total (HRC § 42.052(d); confirm the 12-total mixing math in 26 TAC Ch. 747). |
| Licensed Child-Care Home (family home, licensed pathway) | 12 | License under 26 TAC Ch. 747 (up to 12 children). |
- Exempt (unregulated): care exclusively for children related to the caretakerNone required. Care exclusively for related children is exempt at any number (HRC § 42.052).Max 0
- Listed Family Home (caretaker's own residence, for compensation)3 or fewer unrelated children must LIST with HHSC (background check; the listing must state 'THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED...') (HRC § 42.052(c)).Max 3
- Registered Child-Care Home (family home)4 or more unrelated children triggers REGISTRATION with HHSC (background checks, pre-registration, monitoring); family homes cap at 12 children total (HRC § 42.052(d); confirm the 12-total mixing math in 26 TAC Ch. 747).Max 12
- Licensed Child-Care Home (family home, licensed pathway)License under 26 TAC Ch. 747 (up to 12 children).Max 12
TWC Child Care Services pays licensed and registered providers (centers and homes); listed relative providers may be paid within limits (a Board may not prohibit a CCR-listed relative provider who meets the minimum requirements from being an eligible relative child-care provider, 40 TAC § 809.91).
Citation: 26 TAC Chapter 746
Disclaimer: These figures summarize 26 TAC Chapter 746 and its companion chapters for convenience; confirm current requirements directly with HHSC Child Care Regulation before making licensing decisions. This page is a summary for informational purposes only and is not legal or compliance advice. Confirm with Texas Health and Human Services Commission, Child Care Regulation.