Texas child care, camp and ratio rules

Child care licensing

Child-care centers, licensed and registered child-care homes, and listed family homes are regulated by HHSC under Human Resources Code Chapter 42. Programs that offer before- or after-school care or school-age program services are licensed under their own standards (26 TAC Chapter 744), which use the center ratios and group sizes.

After-school and recreation programs: Exempt programs include before/after-school programs run by (or under contract with) a school accredited by TEA or another recognized body, municipal recreation programs for ages 5-13 that meet city standards of care, neighborhood recreation programs, single-skill programs (such as sports or dance), short-term programs running less than 3 consecutive weeks and fewer than 40 days a year, programs where parents stay on the premises, and youth camps licensed by DSHS (26 TAC §§745.115-745.129; HRC §42.041(b)). Most of these exemptions come with conditions, such as telling parents the program is not licensed and running background checks.

Licensing agency: Texas Health and Human Services Commission (HHSC), Child Care Regulation

Sources: HHSC Minimum Standards for Child-Care Centers (26 TAC Ch. 746), revised December 2025; HHSC Minimum Standards for School-Age and Before or After-School Programs (26 TAC Ch. 744); HHSC Child Care Regulation Handbook, 2300 Exemption Categories and Types; HHSC Minimum Standards page

Staff-to-child ratios in licensed centers

Rule: 26 TAC §746.1601 (ratios) and §746.1609 (maximum group size); 26 TAC §744.1601 and §744.1607 apply the same numbers to licensed school-age and before/after-school programs. These figures apply to centers licensed for 13 or more children. Ratios are based on the group's 'specified age': the age of the middle child when the children are listed from youngest to oldest (26 TAC §746.1603). Texas lists 6-8 years and 9-13 years separately, and both are 26 children per caregiver with a group of 35. Centers caring for 12 or fewer children follow different rules (Division 3, starting at §746.1701).

Work out your staffing with the ratio calculator

Summer camps

Day camps, resident camps, and travel camps that meet the state's youth camp definition need a DSHS youth camp license before operating (Health and Safety Code Chapter 141; 25 TAC Chapter 265, Subchapter B). A program counts as a youth camp only if it serves at least 5 minors away from their parents for 4 or more consecutive days, 4 or more hours a day, only during school vacations, for no more than 120 days a year, and offers at least two outdoor specialized activities such as swimming, archery, or horseback riding (25 TAC §265.11). A program that misses any of these criteria is not a youth camp but may need a child care license from HHSC. The Legislature rewrote the camp safety law in 2025 (HB 1 and SB 1), and DSHS adopted new rules in early 2026.

Camp agency: Texas Department of State Health Services (DSHS), Youth Camp Program

Sources: DSHS Youth Camp Program; DSHS License Qualification Package (youth camp definition); 25 TAC Ch. 265 Subch. B, rules as in effect 02/02/2026 (DSHS PDF); DSHS Youth Camp Laws and Rules

Background checks

In licensed child care, staff and others who need a check must have a criminal history check (fingerprint-based for most staff), a check of the DFPS central registry of child abuse and neglect, a SEMARC check (misconduct findings held by HHSC's Employee Misconduct Registry, TEA, and the Texas Juvenile Justice Department), and, for child day-care operations, a National Sex Offender Registry check. People who lived outside Texas in the past 5 years also need out-of-state criminal, abuse/neglect registry, and sex offender registry checks. Fingerprint-based checks must be renewed at least every 5 years (26 TAC §§745.609-745.621). Licensed youth camps must run a criminal background check and a sex offender registry check on every adult staff member and adult volunteer before they have unsupervised contact with campers, and repeat both checks every year (25 TAC §265.12(f)).

Sources: HHSC Background Check Rules, 26 TAC Ch. 745 Subch. F (revised 8/2026); 25 TAC §265.12(f), youth camp background checks (DSHS PDF)

Giving medication

Centers need the parent's authorization before giving any medication: in writing (signed and dated), electronically, or by phone for a single dose. An authorization expires after one year. Medication must be in its original container labeled with the child's full name, given as the label or the child's health-care professional directs, and logged with the child's name, medication, date, time, amount, and the staff member's name. Records must be kept 3 months (26 TAC §§746.3803-746.3809). A center that will not give medication must tell parents in writing before enrollment (§746.3811).

Free medication administration log

Sources: HHSC Minimum Standards for Child-Care Centers, Subchapter S Division 2

Reporting child abuse

Anyone who has reasonable cause to believe a child has been abused or neglected must report immediately. Professionals, including teachers, day-care employees, and anyone licensed by the state or working for a state-licensed facility who has direct contact with children, must report within 24 hours and cannot hand the duty to someone else (Texas Family Code §261.101).

Texas child abuse hotline: 1-800-252-5400 (how to report). In an emergency, call 911.

Sources: Texas Family Code §261.101 (official statutes); DFPS: Report Abuse; Child Welfare Information Gateway: Mandatory Reporting of Child Abuse and Neglect