SECTION 747.1211. 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?

(a) You may employ a 16 or 17 year old who has a high school diploma or its equivalent as an assistant caregiver, provided that:

(1) The person is never in charge of an individual child, never has sole responsibility for a group of children, and does not act as the substitute caregiver in your absence;

(2) The person works close by and is supervised by you or a qualified caregiver; and

(3) The person has completed a child-care-related career program, which:

(A) The Texas Education Agency (including a charter school), the Texas Private School Accreditation Commission, other similar educational entity in another state, or federal agency approves; or

(B) A home-school approves, and the person completes eight hours of annual training before being placed in a room with children.

(b) You may employ a 16, 17, or 18 year old who attends high school but has not graduated as an assistant caregiver, provided that:

(1) The person is never in charge of an individual child, never has sole responsibility for a group of children, and does not act as the substitute caregiver in your absence;

(2) The person works close by and is supervised by you or a qualified caregiver;

(3) The person is currently enrolled in or has completed a child-care-related career program which:

(A) The Texas Education Agency (including a charter school), the Texas Private School Accreditation Commission, other similar educational entity in another state, or federal agency approves; or

(B) A home-school approves, and the person completes eight hours of annual training before being placed in a room with children; and

(4) The person is expected to obtain a high school diploma or equivalent.

Source Note: The provisions of this §747.1211 adopted to be effective September 1, 2003, 28 TexReg 1462; amended to be effective April 15, 2017, 42 TexReg 1906; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909