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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER BCHILD CARE AND OTHER OPERATIONS THAT WE REGULATE
RULE §745.33What is child day care?

Child day care means the care, supervision, training, or education of:

  (1) An unrelated child or children under 14 years old for less than 24 hours per day that occurs in a place other than the child's own home, including child day care provided to school-age children before and/or after the customary school day; or

  (2) A related child or children under 14 years old for less than 24 hours per day that occurs in the caregiver's or child's home if the care is provided:

    (A) Under the auspices of a listed family home; and

    (B) In full compliance with Chapter 313 of the Labor Code, including providing care in the child's home only if:

      (i) Care is provided for a disabled child, which may include the child's siblings;

      (ii) Care is provided for a child under 18 months of age, which may include the child's siblings;

      (iii) Care is provided for a child of a parent 18 years or younger;

      (iv) Care is provided for a child of a parent 19 years of age and the parent is fully enrolled in a secondary school in a program leading toward a high school diploma;

      (v) Care is provided when the parent's work schedule necessitates child-care services during the evening, overnight, or on the weekend and taking the child outside of the child's home would be disruptive to the child; or

      (vi) The Texas Workforce Commission determines that other child-care provider arrangements are not available in the community.


Source Note: The provisions of this §745.33 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective March 1, 2012, 37 TexReg 921

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