How to Get a Daycare License in Texas: Permits, Inspection, Standards

To get a daycare license in Texas, you apply to the Health and Human Services Commission (HHSC) through its Child Care Regulation (CCR) division. The path is the same for every permit type: attend a pre-application orientation, submit Form 2910 with supporting documents, clear background checks for everyone with access to the children, pass an onsite inspection, and pay the $35 application fee when CCR invoices you.¹² Running an operation without the right permit is a Class B misdemeanor, so the sequence below needs to be finished before you accept your first child.³

Choose the Right Permit Type First

Which permit you apply for decides which rules you follow and which form you fill out. Texas Administrative Code Title 26, Chapter 745 sorts operations by setting and capacity.

A licensed child care center usually sits in a commercial building and serves 13 or more children. These centers carry the heaviest regulatory load, including fixed child-to-caregiver ratios by age and minimum square footage per child.

A licensed child care home operates out of the provider’s own residence and serves 7 to 12 children ages 13 or younger. The primary caregiver must live in the home, and you cannot run more than one licensed home at a time.⁴⁵

A registered child care home is the smallest regulated option: up to 6 unrelated children during school hours, with up to 6 additional school-age children allowed after school, but no more than 12 children total (including the caregiver’s own) at any time.⁴ You still face periodic inspections and the liability insurance requirement.

Attend the Pre-Application Orientation

CCR will not accept your application until you have attended its pre-application orientation, sometimes called an inquiry meeting or pre-application interview. The session covers the application process, CCR requirements, and the obligations you take on once permitted.⁶

It can happen at an HHSC office, at your proposed site, in a group setting, or by phone if an in-person meeting isn’t workable.⁷ You leave with a certificate of completion and an information packet. Schedule through the HHS website or your local CCR office.⁸

Gather Your Application Documents

The main form is Form 2910, the Application for a License or Certification to Operate a Child Day Care Facility.⁹ Form 2760 identifies every controlling person connected to the operation.¹⁰ Along with the forms, prepare:

A floor plan showing the dimensions of each room used for child care, including indoor activity space.
A site plan showing outdoor play areas and their location relative to the building.
A fire marshal report. A fire inspection must be completed before CCR issues your initial permit and at least once every 12 months after that, unless your operation is in a public school facility.¹¹
Evidence of zoning compliance showing your property is legally permitted to operate a child care business.

If you want parents to be able to claim the child and dependent care tax credit, they will need your Employer Identification Number. Applying for an EIN with the IRS is free and can be done online before you open.¹²

Clear Background Checks for Everyone With Access

Every person who lives in, works at, or has regular unsupervised access to children at your operation has to pass a background check. Anyone age 14 or older in that group must provide a Social Security number.¹³ The checks run against the Texas criminal history database and the Central Registry of child abuse and neglect cases held by the Department of Family and Protective Services.

Fees depend on the check:

Name-based Texas criminal history check: $2 per person.
Fingerprint-based national criminal history check: $37 per paid employee, or $35 for foster and adoptive parent applicants and volunteers.
FBI portion of the fingerprint check: $12, or $10 for volunteers.¹⁴

These add up quickly even for a small staff, so budget for them when you plan hiring.

Meet the Facility, Insurance, and Staff Standards

The inspector will measure your space, read your policies, and look at staff files. Everything below needs to be in place before the onsite visit.

Space

Minimum standards require at least 30 square feet of indoor activity space per child you are licensed to serve. Outdoor space must provide at least 80 square feet per child using it at a time, and total outdoor space must equal at least 25% of your licensed indoor capacity.¹⁵ Your floor plan has to show compliance before CCR will process the application.

Liability Insurance

Every licensed operation, registered home, and listed family home must carry at least $300,000 per occurrence of liability insurance covering negligence that injures a child on your premises or in your care.¹⁶ A narrow exception exists for listed family homes caring only for related children. Get the policy in place before the inspection, because CCR will verify it.

Staffing Ratios

Texas sets maximum group sizes and child-to-caregiver ratios for each age band, from 1 caregiver per 4 infants up to 1 per 22 to 26 for school-age children.¹⁵ One trap: the ratio in a mixed-age room is set by the youngest child, not the average. One infant in a toddler room means the whole room follows the infant ratio. Plan your classroom groupings and hiring around that rule before you open.

Staff Training

Every caregiver and the center director must hold a current certificate in pediatric first aid (with rescue breathing and choking) and pediatric CPR. CPR training must follow American Heart Association guidelines and include hands-on manikin practice, though blended learning that pairs online instruction with in-person skills testing is allowed.¹⁷ At least one person holding a current pediatric CPR certificate must be on the premises whenever children are in care. Center directors must also complete 30 clock hours of annual training relevant to the ages served.¹⁸

Submit the Application and Pass Inspection

You can file electronically through your HHSC Child Care Regulation online account or mail a paper application to your local CCR field office. Do not send a payment with the application. Wait until CCR contacts you with your operation number and sends an invoice.⁸ The application fee is $35 for all permit types.²

Within a few business days of submission, a local CCR representative will call about your application status and give you your operation number. The inspector has 21 days to review the submission for completeness, then two months after acceptance to decide whether to issue or deny the permit.⁶ During that window, the inspector schedules an onsite visit to confirm your facility matches your plans and meets minimum standards. They check for physical hazards, equipment safety, staff records, liability insurance, and background check documentation. Once you demonstrate compliance, CCR issues an initial or full permit, which you must display where parents can see it.⁸

Keep the Permit Active

Texas child care permits must be renewed on the second anniversary of issuance and every two years after that. The renewal window opens 60 days before your anniversary date, and you can renew online through your CCR account or by mail. If you miss the anniversary, you have a 30-day late renewal window. Miss that too and the permit expires, and you must stop operating immediately.¹⁹ A complete renewal verifies that your operation information is current, confirms background checks are up to date, and indicates whether you still need any existing waivers or variances. CCR also runs periodic inspections throughout the life of the permit.⁸

What Happens If You Operate Without a Permit

Under Human Resources Code Chapter 42, operating an unlicensed child care facility or an unregistered family home is a Class B misdemeanor. HHSC can also pursue civil penalties of $50 to $100 per day for each day of violation, seek a court injunction to shut you down, or issue a cease and desist order.³ These apply even when you believed you qualified for an exemption but did not actually meet the criteria. Finish the licensing steps before opening your doors.

1
Texas Health and Human Services. Child Care Regulation
2
Texas Health and Human Services. 5200, Fees
3
State of Texas. Texas Human Resources Code Chapter 42
4
Texas Health and Human Services. Licensed, Registered, and Listed Family Child Care Homes
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Texas Health and Human Services. Chapter 745 Adopted Rules
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Texas Health and Human Services. 3200, Processing the Application for a License, Certificate, Compliance Certificate, Registration, or Listing Permit
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Texas Health and Human Services. 3200, Processing the Application for a License, Certificate, Compliance Certificate, Registration, or Listing Permit – Section: 3210 Orientation, Inquiry Meeting, or Pre-Application Interview
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Texas Health and Human Services. Become a Child Care Home Provider
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Texas Health and Human Services. Form 2910, CCR Application for a License or Certification to Operate a Child Day Care Facility
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Texas Health and Human Services. Child Care Home Provider Application Forms
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Cornell Law School. Texas Administrative Code 26-746-5101 – Must My Child-Care Center Have an Annual Fire Inspection?
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Internal Revenue Service. Publication 503 (2025), Child and Dependent Care Expenses
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Texas Health and Human Services. Child Care Regulation Background Checks
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Texas Health and Human Services. Background Check Fees
15
Texas Health and Human Services. Minimum Standards for Child-Care Centers – Chapter 746
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Cornell Law School. Texas Administrative Code 26-745-249 – What Are the Liability Insurance Requirements?
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Cornell Law School. Texas Administrative Code 26-746-1315 – Who Must Have Pediatric First-Aid and CPR?
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Cornell Law School. Texas Administrative Code 26-746-1311 – What Areas of Training Must the Annual Training Cover?
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Texas Health and Human Services. 3900, Permit Renewal