Texas Childcare Licensing
Texas Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Texas, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A living arrangement in a caretaker's home is exempt from licensing only if the caretaker has a written authorization agreement under Family Code Chapter 34, cares for not more than six children (excluding the caretaker's own relatives), and receives no compensation for the care; the regulated 'family home' category covers not more than six unrelated children under 14 plus up to six additional school-age children, total not exceeding 12. (Tex. Hum. Res. Code Sec. 42.041(b)(25); Sec. 42.002(9))
Licensing Agency
Texas Health and Human Services, Child Care Licensing →Last updated: April 2026
Researched by the TotReady Research TeamTexas License Exemption Threshold: The Specifics
A living arrangement in a caretaker's home is exempt from licensing only if the caretaker has a written authorization agreement under Family Code Chapter 34, cares for not more than six children (excluding the caretaker's own relatives), and receives no compensation for the care
excluding the caretaker's own relatives
the regulated 'family home' category covers not more than six unrelated children under 14 plus up to six additional school-age children, total not exceeding 12.
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Texas family child-care home capacity is set by permit type: a Listed Family Home cares for one to three unrelated children
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a Registered Child-Care Home and a Licensed Child-Care Home each may keep no more than 12 children at one time (structured as up to six children birth through 13 plus up to six additional elementary school-age children after school), with a Licensed Child-Care Home covering operations serving seven to 12 children
structured as up to six children birth through 13 plus up to six additional elementary school-age children after school
Texas HHS 'Child Care Home Provider Types'
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Texas License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Texas without a license?
A living arrangement in a caretaker's home is exempt from licensing only if the caretaker has a written authorization agreement under Family Code Chapter 34, cares for not more than six children (excluding the caretaker's own relatives), and receives no compensation for the care; the regulated 'family home' category covers not more than six unrelated children under 14 plus up to six additional school-age children, total not exceeding 12. (Tex. Hum. Res. Code Sec. 42.041(b)(25); Sec. 42.002(9))
What is the penalty for operating unlicensed in Texas?
Operating above the Texas exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Texas Health and Human Services, Child Care Licensing about the correct credential before you begin.
Does Texas offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Texas offers a voluntary registry with the Texas Health and Human Services, Child Care Licensing.
Texas childcare licensing rules are amended regularly. This page is compiled from published Texas administrative codes and statutes for informational purposes only — always verify current requirements with the Texas Health and Human Services, Child Care Licensing before relying on them. TotReady provides information and document templates, not legal or regulatory advice.