Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 26. HEALTH AND HUMAN SERVICES |
PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
CHAPTER 744. MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS |
SUBCHAPTER A. PURPOSE, SCOPE, AND DEFINITIONS |
DIVISION 1. PURPOSE |
§ 744.101. What is the purpose of this chapter? |
DIVISION 2. SCOPE |
§ 744.111. What types of operations do these minimum standards apply to? |
§ 744.113. Who is responsible for complying with these minimum standards? |
DIVISION 3. DEFINITIONS |
§ 744.121. What do certain pronouns mean when used in this chapter? |
§ 744.123. What do certain words and terms mean when used in this chapter? |
SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION |
DIVISION 1. PERMIT HOLDER RESPONSIBILITIES |
§ 744.201. What are my responsibilities as the permit holder? |
§ 744.203. What are the liability insurance requirements? |
§ 744.205. What are acceptable reasons not to have liability insurance? |
§ 744.207. When must I notify parents that I do not carry liability insurance? |
DIVISION 2. REQUIRED NOTIFICATIONS |
§ 744.301. What changes regarding my operation must I notify Licensing about before making the change? |
§ 744.303. What changes must I notify Licensing of regarding the operation's designee, governing body, and directors? |
§ 744.305. What other situations require notification to Licensing? |
§ 744.307. What emergency or medical situations must I notify parents about? |
§ 744.309. What are the notification requirements when Licensing finds my operation deficient in the standard related to the abuse, neglect, or exploitation of a child? |
§ 744.311. How must I notify parents of an abuse, neglect, or exploitation deficiency? |
DIVISION 3. REQUIRED POSTINGS |
§ 744.401. What items must I post at my operation at all times? |
§ 744.403. When and where must these items be posted? |
§ 744.405. What telephone numbers must I post and where must I post them? |
DIVISION 4. OPERATIONAL POLICIES |
§ 744.501. What written operational policies must I have? |
§ 744.503. Must I provide parents with a copy of my operational policies? |
§ 744.505. What must I do when I change an operational policy or an item in the child-care enrollment agreement? |
SUBCHAPTER C. RECORD KEEPING |
DIVISION 1. RECORDS OF CHILDREN |
§ 744.601. Who has the right to access children's records? |
§ 744.603. What records must I have for children in my care and how long must I keep them? |
§ 744.605. What admission information must I obtain for each child? |
§ 744.607. Must the child's parent sign the admission information? |
§ 744.609. Must I update the admission information? |
§ 744.611. Must I have a health statement for children in my care? |
§ 744.613. What immunizations must a child in my care have? |
§ 744.615. What exemptions or exceptions are there concerning immunization requirements? |
§ 744.623. What documentation is acceptable for an immunization record? |
§ 744.625. Must children in my care have a tuberculosis (TB) examination? |
§ 744.627. Must I have a system for signing children in and out of my care? |
DIVISION 2. RECORDS OF ACCIDENTS AND INCIDENTS |
§ 744.701. What written records must I keep of accidents and incidents that occur at my operation? |
§ 744.705. Must someone from my operation sign the Incident/Illness Report form? |
§ 744.707. Must I share a copy of the Incident/Illness Report form with the child's parent? |
§ 744.709. Where must I file the Incident/Illness Report form and how long must I keep it? |
DIVISION 3. RECORDS THAT MUST BE KEPT ON FILE AT THE OPERATION |
§ 744.801. What records must I keep at my operation? |
§ 744.803. How long must I keep records at my operation? |
§ 744.805. May I keep electronic records or a combination of paper and electronic records? |
DIVISION 4. PERSONNEL RECORDS |
§ 744.901. What information must I maintain in my personnel records? |
§ 744.907. How long and where must I keep the required personnel records? |
§ 744.909. May Licensing access my personnel records? |
SUBCHAPTER D. PERSONNEL |
DIVISION 1. DIRECTOR |
§ 744.1001. Am I required to have a director for my operation? |
§ 744.1003. If I have multiple operations, must I designate a director for each operation? |
§ 744.1005. What are the director's responsibilities? |
§ 744.1007. May I be a director of my own operation? |
§ 744.1009. May I have more than one operation director? |
§ 744.1011. For how many hours must a director be at my operation? |
§ 744.1013. Must someone else be designated to be in charge of my operation in the director's absence? |
§ 744.1015. What qualifications must an operation director or a program director meet? |
§ 744.1017. What qualifications must a site director meet? |
§ 744.1021. What types of experience may count towards meeting director qualifications? |
§ 744.1023. Can Licensing verify whether someone has sufficient experience? |
§ 744.1025. What credit courses does Licensing recognize as child development? |
§ 744.1027. What credit courses does Licensing recognize as management? |
§ 744.1029. What documentation must I provide to show that my director meets the child development and management education qualifications? |
§ 744.1035. May clock hours or CEUs (continuing education units) be substituted for any of the educational requirements in this division? |
§ 744.1037. What additional documentation must I submit to Licensing to show my director is qualified and when must I submit it? |
§ 744.1043. Does education received outside of the United States substitute for the education requirements for a child-care director? |
§ 744.1045. Will Licensing keep the original training certificates and college transcripts I submit to obtain a Licensing director's certificate? |
§ 744.1047. What happens if Licensing determines that a director for my operation does not meet minimum standard qualifications? |
§ 744.1049. Will my director receive a certificate verifying that director qualifications have been met? |
§ 744.1051. Will a director's certificate expire? |
§ 744.1053. How often must an expiring certificate be renewed? |
§ 744.1055. What happens if my operation director's or program director's credential expires? |
§ 744.1057. If I hire someone who was qualified as a director at another licensed operation in Texas, must I resubmit all of the information to Licensing staff for review? |
§ 744.1059. Does Licensing charge a fee for issuing the director's certificate? |
§ 744.1061. Can my director get a replacement Director's Certificate? |
DIVISION 2. EMPLOYEES AND CAREGIVERS |
§ 744.1103. What minimum qualifications must each of my employees meet? |
§ 744.1105. What additional minimum qualifications must each of my caregivers meet? |
§ 744.1107. When may I employ a person under the age of 18 or a person who does not have a high school diploma or equivalent as a caregiver? |
§ 744.1109. Does education received outside of the United States count toward caregiver qualifications? |
DIVISION 3. GENERAL RESPONSIBILITIES FOR PERSONNEL |
§ 744.1201. What general responsibilities do my employees have? |
§ 744.1203. What additional responsibilities do my caregivers have? |
§ 744.1205. What responsibilities does a caregiver have when supervising a child or children? |
DIVISION 4. PROFESSIONAL DEVELOPMENT |
§ 744.1301. What are the training requirements for employees, caregivers, and directors? |
§ 744.1303. What must orientation for employees at my operation include? |
§ 744.1305. What areas of training must the pre-service training for caregivers cover? |
§ 744.1307. Are any caregivers exempt from the pre-service training? |
§ 744.1309. What areas of training must the annual training for caregivers and site directors cover? |
§ 744.1311. What areas of training must the annual training for an operation director or a program director cover? |
§ 744.1313. When must annual training for my caregivers and director be obtained? |
§ 744.1315. Who must have pediatric first aid and pediatric CPR training? |
§ 744.1317. What additional training must an employee and director have if the operation transports children? |
§ 744.1319. Must the training for my caregivers and the director meet certain criteria? |
§ 744.1321. Does Licensing approve training resources or trainers for training hours? |
§ 744.1325. If I hire a caregiver or a director that received training at another operation, may these hours count towards the annual training requirement at my operation? |
§ 744.1331. What documentation must I provide to Licensing to verify that employees have met training requirements? |
DIVISION 5. SUBSTITUTES, VOLUNTEERS, AND CONTRACTORS |
§ 744.1401. What minimum standards must substitutes, volunteers, or contractors comply with? |
§ 744.1403. What are the training requirements for substitutes, volunteers, and contractors? |
§ 744.1405. When is a substitute, volunteer, or contractor exempt from the pre-service training? |
SUBCHAPTER E. CHILD/CAREGIVER RATIOS AND GROUP SIZES |
DIVISION 1. RATIOS AND GROUP SIZES AT THE OPERATION |
§ 744.1501. What is child/caregiver ratio? |
§ 744.1503. What is considered a group? |
§ 744.1505. May I place more than one group of children in a large room? |
§ 744.1507. How do I determine the child/caregiver ratio? |
DIVISION 2. CLASSROOM RATIOS AND GROUP SIZES |
§ 744.1601. How many children may one caregiver supervise? |
§ 744.1603. How do I determine the specified age of the children in each group? |
§ 744.1605. If I have two or more caregivers with each group, what is the maximum number of children each caregiver may supervise? |
§ 744.1607. What is the maximum group size? |
§ 744.1609. Are there times when I may mix groups of children and exceed the maximum group size? |
§ 744.1611. May I reduce the number of caregivers supervising children during naptime? |
§ 744.1613. Will I be given an opportunity to comply with changes in child/caregiver ratio and group sizes? |
DIVISION 3. RATIOS FOR FIELD TRIPS |
§ 744.1701. Do I need additional caregivers when I take children away from the operation for field trips or walks? |
§ 744.1705. If I provide transportation, how many caregivers must I have in the vehicle to supervise the children? |
DIVISION 4. RATIOS FOR NIGHTTIME CARE |
§ 744.1801. Must I have additional caregivers during nighttime care? |
DIVISION 5. RATIOS FOR WATER ACTIVITIES |
§ 744.1901. Must I have additional caregivers for splashing/wading activities? |
§ 744.1905. What are the child/caregiver ratios for swimming activities? |
§ 744.1907. Must a certified lifeguard be on duty when children are swimming in more than two feet of water? |
§ 744.1909. May I count the certified lifeguard in the child/caregiver ratio? |
§ 744.1911. Must persons who are counted in the child/caregiver ratio during swimming activities know how to swim? |
§ 744.1913. May I include volunteers or child-care employees who do not meet minimum qualifications for caregivers in the child/caregiver ratio for water activities? |
§ 744.1915. Must I have additional caregivers for sprinkler play? |
SUBCHAPTER F. DEVELOPMENTAL ACTIVITIES AND EQUIPMENT |
DIVISION 1. ACTIVITIES AND ACTIVITY PLANS |
§ 744.2001. What planned activities must caregivers provide for children in their care? |
§ 744.2002. What additional activities must caregivers provide when a child is in care for more than five consecutive hours in a day? |
§ 744.2003. What are the additional requirements if my operation cares for a child under the age of five? |
§ 744.2005. What written activity plans must caregivers follow? |
§ 744.2007. May I use a screen time activity with a child? |
§ 744.2009. What are my responsibilities when planning activities for a child in care with special care needs? |
DIVISION 2. PHYSICAL SPACE AND EQUIPMENT |
§ 744.2051. What physical space and equipment must I provide for children in my care? |
SUBCHAPTER G. DISCIPLINE AND GUIDANCE |
§ 744.2103. What methods of discipline and guidance may a caregiver use? |
§ 744.2105. What types of discipline and guidance or punishment are prohibited? |
§ 744.2107. May my employees discipline their own children who are in care at my operation? |
§ 744.2109. May I use disciplinary measures that are fundamental to teaching a skill, talent, ability, expertise, or proficiency? |
SUBCHAPTER H. NAPTIME |
DIVISION 1. NAPTIME |
§ 744.2201. Must children have a naptime every day? |
§ 744.2203. How long may the nap and rest time last each day? |
§ 744.2205. Are children required to sleep during this time? |
§ 744.2207. Must I provide an alternative activity for those children who cannot sleep? |
§ 744.2209. Must I arrange the napping equipment in a specific manner? |
§ 744.2211. May I lower the lighting in the room while children are sleeping? |
DIVISION 2. NIGHTTIME CARE |
§ 744.2251. May I provide nighttime care to children at my operation? |
SUBCHAPTER I. FIELD TRIPS |
§ 744.2301. May I take children away from my operation for field trips? |
§ 744.2303. Must I notify parents before I take children away from the operation on a field trip? |
SUBCHAPTER J. NUTRITION AND FOOD SERVICE |
§ 744.2401. What are the basic requirements for meal and snack times? |
§ 744.2403. How often must I feed a child in my care? |
§ 744.2409. May parents provide meals and snacks for their child instead of my operation providing them? |
§ 744.2411. What are the requirements for a child who requires a special diet or does not want to eat foods the operation serves? |
§ 744.2413. Can I make substitutions and/or rotate the daily menus? |
§ 744.2419. What general requirements apply to food service and preparation? |
§ 744.2421. Must I serve meals family style? |
§ 744.2423. Are children allowed to use toothbrushes after meal and snack times? |
SUBCHAPTER K. HEALTH PRACTICES |
DIVISION 1. ENVIRONMENTAL HEALTH |
§ 744.2501. Must my operation have an annual sanitation inspection? |
§ 744.2503. How do I document that a sanitation inspection has been completed? |
§ 744.2505. Do I have to make corrections called for in the report? |
§ 744.2507. What steps must I take to ensure a healthy environment for children at my operation? |
§ 744.2513. May I use a dishwasher or washing machine to sanitize items at my operation? |
§ 744.2515. When must employees wash their hands? |
§ 744.2517. When must children wash their hands? |
§ 744.2519. How must children and employees wash their hands? |
§ 744.2520. May I use hand sanitizer as a substitute for washing hands? |
§ 744.2521. Must my operation have hot water for hand washing? |
§ 744.2523. Must caregivers wear gloves when handling blood or bodily fluids containing blood? |
§ 744.2525. Must I use a licensed exterminator to treat my operation for insects, rodents, and other pests? |
§ 744.2527. Are there general precautions I must take when my operation is being treated for insects, rodents, and other pests? |
§ 744.2529. May I use water from a private water supply instead of a public water supply for my operation? |
§ 744.2531. May I use a septic system for sewage disposal? |
DIVISION 2. TOILETING |
§ 744.2551. What steps must caregivers follow for assisting children with toileting? |
DIVISION 3. ILLNESS AND INJURY |
§ 744.2571. What type of illness would prohibit a child from attending the operation? |
§ 744.2573. What communicable diseases would exclude a child from attending my operation? |
§ 744.2575. How must caregivers respond when a child becomes ill? |
§ 744.2576. When may a child who was ill return to my operation? |
§ 744.2577. How must caregivers respond when a child is injured and requires immediate treatment by a health-care professional? |
§ 744.2579. What is a vaccine-preventable disease for the purpose of this division? |
§ 744.2581. What must a policy for protecting children from vaccine-preventable diseases include? |
SUBCHAPTER L. SAFETY PRACTICES |
DIVISION 1. SAFETY PRECAUTIONS |
§ 744.2601. What safety precautions must I take to protect children in my operation? |
§ 744.2603. How can I ensure the safety of the children from other persons? |
§ 744.2605. Am I required to have a video or audio monitoring system? |
§ 744.2607. Are firearms or other weapons allowed at my operation? |
§ 744.2609. May I have toys or other types of equipment that explode or shoot things? |
DIVISION 2. MEDICATION AND MEDICAL ASSISTANCE |
§ 744.2651. What does "medication" refer to in this division? |
§ 744.2653. What authorization must I obtain before administering a medication to a child in my care? |
§ 744.2655. How must I administer medication to a child in my care? |
§ 744.2657. How must I store medication that I administer to a child? |
§ 744.2659. How long may I keep the medication that I administer to a child? |
§ 744.2661. Do I have to notify parents if I do not want to administer medications? |
§ 744.2663. What is specialized medical assistance? |
§ 744.2665. What are my requirements regarding specialized medical assistance? |
§ 744.2667. What is a food allergy emergency plan? |
§ 744.2669. When must I have a food allergy emergency plan for a child? |
DIVISION 3. ANIMALS AT THE OPERATION |
§ 744.2701. What steps must I take to have animals at my operation and/or on a field trip? |
§ 744.2703. Must I keep documentation of vaccinations on file for the animals? |
§ 744.2705. Must I prevent children from having contact with certain animals while at my operation? |
DIVISION 4. FIRST-AID KITS |
§ 744.2751. Must I have a first-aid kit at my operation? |
§ 744.2753. What items must each first-aid kit contain? |
DIVISION 5. RELEASE OF CHILDREN |
§ 744.2801. To whom may I release children? |
§ 744.2803. How do my employees verify the identity of a parent or a person a parent has designated to pick up the child? |
SUBCHAPTER M. PHYSICAL FACILITIES |
DIVISION 1. INDOOR SPACE REQUIREMENTS |
§ 744.2901. How many square feet of indoor activity space must I have for children? |
§ 744.2903. Must I limit the number of children in each room based on the indoor activity space measurements for that room? |
§ 744.2905. Do these indoor activity space requirements apply to my operation if it was licensed before September 1, 2010? |
§ 744.2907. How does Licensing determine the indoor activity space? |
§ 744.2909. May other programs use my indoor activity space at the same time I have children in care? |
§ 744.2911. May I care for children above or below ground level? |
DIVISION 2. OUTDOOR SPACE REQUIREMENTS |
§ 744.2951. How many square feet of outdoor activity space must I have? |
§ 744.2953. Must I fence the outdoor activity space? |
§ 744.2955. How many exits must I have from my fenced outdoor activity space? |
§ 744.2957. May I keep the gates leading into my outdoor activity space locked while children are in care? |
§ 744.2959. Must the outdoor activity space be connected to the operation? |
§ 744.2961. Must I comply with additional requirements if my plan to use an outdoor activity space not connected to my operation is approved by Licensing? |
§ 744.2963. May other programs use my outdoor activity space at the same time I have children in care? |
DIVISION 3. TOILETS AND SINKS |
§ 744.3001. How many hand-washing sinks must I have in my operation for children's use? |
§ 744.3003. Where must I locate the hand-washing sinks for children's use? |
§ 744.3005. How many toilets am I required to have in my operation? |
§ 744.3007. Where must the toilets be located? |
§ 744.3009. May I count urinals in the ratio of children to toilets? |
§ 744.3011. Do I have to use toilets, sinks and fountains that are child sized? |
§ 744.3013. May the doors to the restroom or toilets have locks on them? |
§ 744.3015. May other programs use the toilets and hand washing sinks counted in my indoor activity space at the same time I have children in care? |
DIVISION 4. TELEPHONE |
§ 744.3051. Must I have a telephone at my operation? |
DIVISION 5. INDOOR LOFTS |
§ 744.3071. May I have indoor lofts? |
SUBCHAPTER N. INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT |
DIVISION 1. MINIMUM SAFETY REQUIREMENTS |
§ 744.3101. What minimum safety requirements must my active play equipment meet? |
§ 744.3103. What additional safety requirements must my indoor equipment meet? |
§ 744.3105. Are there some types of equipment that children must not use? |
§ 744.3107. Are there additional equipment restrictions for children younger than five years of age? |
§ 744.3109. What is the maximum height of the highest designated play surface allowed? |
§ 744.3111. What is the maximum height allowed for the highest designated play surface if my operation was licensed before September 1, 2010? |
§ 744.3113. What special maintenance procedures must I follow for my active play space and equipment? |
DIVISION 2. SWINGS |
§ 744.3151. What are the safety requirements for swings? |
§ 744.3153. Are there additional safety requirements for tire swings or other multi-axis swings? |
DIVISION 3. USE ZONES |
§ 744.3201. What does Licensing mean by the term "use zone"? |
§ 744.3203. How do I measure the use zone for stationary equipment? |
§ 744.3205. How do I measure the use zone for slides? |
§ 744.3207. How do I measure the use zone for to-fro swings? |
§ 744.3209. How do I measure the use zone for tire swings? |
§ 744.3211. How do I measure the use zone for bucket swings? |
§ 744.3213. How do I measure the use zone for rotating or rocking equipment? |
§ 744.3215. Do the use zone requirements apply to my operation if it was licensed before September 1, 2003? |
DIVISION 4. SURFACING |
§ 744.3251. What type of surfacing must I have under my active play equipment? |
§ 744.3253. What are acceptable loose-fill surfacing materials? |
§ 744.3255. How should outdoor loose-fill surfacing materials be installed? |
§ 744.3259. What are unitary surfacing materials? |
§ 744.3261. How should unitary surfacing materials be installed? |
§ 744.3263. What documentation must I keep at the operation if I use unitary surfacing materials? |
DIVISION 5. SOFT CONTAINED PLAY EQUIPMENT |
§ 744.3301. What is soft contained play equipment? |
§ 744.3303. Are there additional safety requirements for soft contained play equipment? |
§ 744.3305. How do I measure the use zone for soft contained play equipment? |
DIVISION 6. INFLATABLES |
§ 744.3351. May I use inflatable active play equipment? |
SUBCHAPTER O. SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY |
§ 744.3401. What safety precautions must I follow when children in my care use a swimming pool? |
§ 744.3403. How should the swimming pool be built and maintained? |
§ 744.3405. Do the same safety precautions apply for above-ground pools? |
§ 744.3407. Must I have a fence around a swimming pool at my operation? |
§ 744.3411. What are the safety requirements for wading pools? |
§ 744.3413. Are there specific safety requirements for sprinkler play? |
§ 744.3415. Can children in my care swim in a body of water other than a swimming pool, such as a lake, pond, or river? |
SUBCHAPTER P. FIRE SAFETY AND EMERGENCY PRACTICES |
DIVISION 1. FIRE INSPECTION |
§ 744.3501. Must my operation have an annual fire inspection? |
§ 744.3503. How do I document that a fire inspection has been completed? |
§ 744.3505. Must I make all corrections specified in the fire-inspection report? |
DIVISION 2. EMERGENCY PREPAREDNESS |
§ 744.3551. What is an emergency preparedness plan? |
§ 744.3553. What must my emergency preparedness plan include? |
§ 744.3557. Who must coordinate the implementation of an emergency preparedness plan? |
§ 744.3559. Must I practice my emergency preparedness plans? |
§ 744.3561. Must I have an emergency evacuation and relocation diagram? |
§ 744.3563. How many exits must my operation have? |
§ 744.3565. Must I have emergency lighting in case of an emergency evacuation? |
DIVISION 3. FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS |
§ 744.3601. Must my operation have a fire-extinguishing system? |
§ 744.3603. Who must approve my fire-extinguishing system? |
§ 744.3605. Where must I mount fire extinguishers? |
§ 744.3607. How often must I inspect and service the fire extinguisher(s)? |
§ 744.3609. How often must I inspect a sprinkler system? |
§ 744.3611. Must my operation have a smoke-detection system? |
§ 744.3613. Who must approve my operation's smoke-detection system? |
§ 744.3615. How often must I have an electronic smoke alarm system tested? |
§ 744.3617. How must smoke detectors be installed at my operation? |
§ 744.3619. How often must the smoke detectors at my operation be tested? |
DIVISION 4. GAS AND PROPANE TANKS |
§ 744.3651. Must my operation be inspected for gas leaks? |
§ 744.3653. Who must conduct the inspection for gas leaks? |
§ 744.3655. How do I document that a gas leak inspection has been completed? |
§ 744.3657. Must I make all corrections specified in the gas inspection report? |
DIVISION 5. HEATING DEVICES |
§ 744.3701. What steps must I take to ensure that heating devices do not present hazards to children? |
DIVISION 6. CARBON MONOXIDE DETECTION SYSTEMS |
§ 744.3751. Must my operation have a carbon monoxide detection system? |
§ 744.3753. What type of carbon monoxide detection system must I install? |
§ 744.3755. How many carbon monoxide detectors must be installed in my operation? |
§ 744.3757. How often must I inspect and service the carbon monoxide detection system? |
SUBCHAPTER Q. TRANSPORTATION |
§ 744.3801. What types of transportation does Licensing regulate? |
§ 744.3803. What type of vehicle may I use to transport children? |
§ 744.3805. What safety precautions must I take when loading and unloading children from the vehicle? |
§ 744.3807. What child passenger safety seat system must I use when I transport children? |
§ 744.3809. Must caregivers and/or the driver wear a safety belt? |
§ 744.3811. May parents provide the safety seat equipment required for their child? |
§ 744.3813. May I place more than one person in each safety belt? |
§ 744.3815. May a child ride in a safety belt with a shoulder harness? |
§ 744.3817. Must I carry specific information and equipment in the vehicles used to transport children in my care? |
§ 744.3819. What plan must I have for transportation emergencies? |
§ 744.3821. What communication requirements are there for a vehicle used to transport children? |