Statutory References

Social Security Act
Human Resources Code, Chapters 40, 42, and 43
Texas Family Code, Title 5
Texas Government Code
Texas Administrative Code, Title 40

Major Provisions

  • Develop minimum standards to promote the health, safety, and well-being of children in out-of-home care.
  • Inspect child-care operations to ensure they maintain compliance with minimum standards.
  • Investigate allegations of abuse/neglect, investigate violations of standards or the law and ensure appropriate enforcement actions are taken.
  • Conduct criminal background checks and DFPS Central Registry checks on all adult staff or caregivers, other adults and youth ages 14 to 18 who will be in regular or frequent contact with children in child-care operations.
  • Take corrective and adverse actions when necessary.
  • Offer consultation to potential applicants and permit holders about meeting and maintaining compliance with licensing standards.
  • Educate the general public about choosing regulated child-care and inform them of the child-care options in Texas through media campaigns and by maintaining an online database of child-care providers, including information regarding each operation’s compliance history.
  • Enforce regulatory requirements for all child-care providers, including illegally operating child-care providers.
  • Conduct inspections of a random sample of agency foster homes.
  • Conduct annual enforcement team conferences to thoroughly review operations.

Other Programmatic Information: Challenges

  • Consistently enforcing adherence to minimum standards across the state.
  • Developing cooperative, professional, and effective relationships with operations resulting in increased compliance and stronger protection for children.
  • Providing technical assistance to all child care operations, especially focusing on those struggling to maintain compliance with standards.
  • Providing thorough, efficient and timely background check results to over a quarter of a million people each year seeking to work in child care, provide foster care or adopt a child.
  • Maximizing technology resources to improve the efficiency and effectiveness of regulatory practices and allow licensing staff to become an increasingly mobile workforce.
  • Creating standards that protect the health and safety of children in care without impacting the affordability and availability of that care.