Helping Parents Understand Overnight Daycare Laws in Texas

What Regulations Do Nighttime Daycare Centers Have to Follow in Texas?

When your work schedule doesn’t fit the usual 9-to-5 routine, a nighttime daycare center can feel like a lifesaver. These programs help parents who work late shifts or overnight jobs keep their little ones safe.

Nighttime daycare centers have extra rules they must follow to keep kids healthy and protected while they sleep. Our experienced Texas daycare injury lawyers break down 10 of the Texas childcare laws, also known as the minimum standards, that regulate overnight childcare facilities:

Additional Approvals Are Required

The daycare center must be licensed by the Texas Health and Human Services Commission (HHSC) and approved for nighttime care. This permission is not automatically included with a regular daycare license.

Limits on How Long a Child Can Stay

To make sure they have time with their families outside of the daycare center, children cannot remain in care for more than 16 hours in a 24-hour period. In addition, they cannot be dropped off for more than three consecutive 24-hour periods.

Caregivers Must Stay Awake

Daycare centers that offer nighttime care are required to have someone always ready to respond to emergencies or be available to comfort a child who wakes up. Therefore, caregivers must stay awake and be alert the entire time, even while all the kids are asleep.

Safe Sleep Practices and Arrangements

Just like a daycare center that operates on a 9-to-5 schedule, centers with overnight care offerings must follow the state’s strict safe sleep practices:

Infants under 18 months must sleep in a crib that meets safe sleep standards
Toddlers (18 months to 5 years old) must have a cot, bed, or mat with a washable or waterproof cover
Older children must have a bed or cot that offers privacy and comfort

All sleeping areas must be clean and separate from active play areas.

Meals and Snacks

Daycare centers must provide children with proper nutrition. Dinner, bedtime snacks, and breakfast are served depending on the child’s arrival and departure times.

Maintain Bedtime Routines and Personal Care

Bedtime routines are crucial to meet a child’s needs, just like they would be at home. For example, caregivers at overnight daycare centers are required to help children wind down by assisting them as they change into pajamas, brush their teeth, and use the bathroom. For infants and toddlers, they change diapers before putting them down for the night. In addition, any screentime must stop one hour before bedtime.

Child-to-Caregiver Ratios

Even though children at overnight daycare centers are sleeping, the state’s mandated classroom ratios must be followed.

Supervision Regulations

No matter the time of day, proper supervision is key to daycare safety and preventing injuries. Caregivers at nighttime daycare centers must be able to see and hear the children, as they are responsible for them at all times. And caregivers must closely check on the sleeping children throughout the night to ensure they are safe.

Facility Requirements

Daycare centers that offer overnight care must meet all the same building and safety standards as typical centers, plus these extra requirements:

Emergency exits and lighting must meet fire marshal standards
Sleeping areas must be separate from activity spaces and designed to minimize disturbances
The facility must have proper ventilation, temperature control, and sanitation throughout the night
Smoke detectors and fire extinguishers must be inspected regularly

Parental Communication

Daycare centers with nighttime offerings are required to notify parents immediately of any incidents or injuries. The center must also file an incident report to the state if a child experiences an injury, illness, or emergency while in its care. And the center is required to provide parents with a copy of the incident report.

It is important to note that the Texas Health and Human Services’ Child Care Regulation department makes unannounced visits to inspect overnight daycare centers. Like other licensed daycare centers across the state, parents can review inspection histories online through the Texas Child Care Search database here.

For more information on nighttime care at Texas daycare centers, watch this video.

Was Your Child Injured at a Nighttime Daycare Center? Contact The Button Law Firm.

If your child was physically or emotionally injured at an overnight daycare center anywhere in Texas, contact our experienced Texas daycare injury lawyers at The Button Law Firm. With offices in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation.

Schedule a Free Case Evaluation with a Texas Daycare Abuse Attorney Today

If you or someone you know has a child who was harmed by their daycare teacher, contact our firm. We know how difficult getting through this can be. Our experienced team wants to help guide you – as we have helped guide many parents and families within Midland, Houston, Dallas, and the surrounding areas.

You can give us a call at (214) 699-4409 or email us at intake@buttonlawfirm.com. You can also reach out to us by filling out the form below or by starting a chat with a member of our team.