Laws on In-Home Babysitting in Texas

The Texas Department of Family and Protective Services (DFPS) oversees the operation of in-home child care businesses in the Lone Star State. The state mandates that in-home providers obtain licensing or certification.

To do this, they'll need to complete education and training in early childhood development, acquire insurance, and submit to background checks before they can legally operate. In Texas, a family can place their child with one of several types of caregiver homes:

A licensed child care home must operate for at least two hours and less than 24 hours at least three days a week when attending to minors 13 and younger. This type of home serves seven to 12 children in the licensee’s residence, which the state monitors and inspects unannounced annually. Allegations of neglect or abuse are also investigated.

Licensed child care homes in Texas include daycare centers and 24-hour residential facilities. This provider will complete orientations and background checks.

In a registered child car home, a babysitter can care for up to six minors, aged 13 or younger, during school hours and can care for six additional school-aged children after school. A registered child care home provider has a limit of 12 children at one time, including their own.

Registered child care homes must operate a minimum of four hours a day, at least three days per week, for at least three weeks consecutively, or four hours a day for at least 40 days over 12 months.

This provider completes orientations and background checks. The state conducts an inspection of the home to make sure it meets the state's minimum standards for child care. It conducts inspections on the licensee every one to two years in addition to investigating cases of neglect or abuse.

In a listed family home, a provider cares for people’s children in their home on a consistent basis, at least four hours a day and three or more days each week for at least three weeks; or four hours a day for at least 40 days over 12 months. In a listed family home, individuals can only care for one to three children who are unrelated.

Family child care providers must be least 18 years of age and consent to background checks. They have no training requirements or minimum standards to meet. There is no state inspection in a listed family home, unless there is an allegation of neglect or abuse or if the state believes that the children should be cared for under registered child care home rules.

In general, when a babysitter looks after one family’s minor sibling children in their home, none of the above requirements apply. While there is no legal minimum age to babysit in Texas, medical professionals recommend that anyone babysitting a child should be at least 11 years old.

To start a home-based child care business, Texans need to begin the state licensing process. They’ll be required to complete a background check, which may include a Central Registry check (a registry for those who have abused and neglected children), an FBI check, and a sex offender registry check.

They also need to meet the state’s minimum standards requirements for their child care operation permit type.

State child care regulations require that an in-home care provider has proof of insurance coverage before they can be issued a permit. The applicant will get an application packet, which includes the application form, supplemental forms and information about application fees.

The applicant may be asked to submit a written Plan of Operation in regard to their polices and procedures and show how they’ll comply with the state’s minimum standards.

After the applicant submits the completed application with the fee and supporting documents, a Child Care Regulation employee will inspect the applicant's child care location to ensure that they are complying with all applicable laws.

If a licensed child care provider with a full permit requests to increase capacity to care for children in their home, an inspector will evaluate their operation before approval.

In some instances, a licensed caregiver is exempt from paying a fee. Certified or state-run operations do not need to pay to apply.

Nonprofit organizations are required to pay application fees but do not have to pay background check fees or permit fees if they don’t charge for the care they provide, or they provide residential care for minors in a DFPS managing conservatorship.

Listed family homes may also be exempt from fees if the:

• Caregiver provides child care to related minors.
• Care is provided in the minor’s home.
• Texas Health and Human Services Commission receives a Listed Home Fee Waiver Authorization certificate from the Texas Workforce Commission exempting the caregiver from fee payment.
• Individual does not provide care to children in their home

If the provider changes status and no longer has an exemption, the next yearly fee is not due until one year from the date the license is issued.