Do In-Home Daycares Have to Be Licensed in Texas?

How Can I Check If an In-Home Daycare Is Actually Licensed or Permitted by the State? 

Even if an in-home childcare provider has a certificate on the wall or shares their permitting status with you, we always recommend that you check the official state records. This is an easy online check that is free and takes less than five minutes via the Texas Health and Human Services Texas Child Care database. You can search either the in-home provider’s name or the home’s address.

In addition to verifying the permitting status, our experienced daycare injury lawyers also urge you to read the inspection reports. You can view the last few years of inspections and check for any citations that the in-home center received, as well as find out if there are repeated safety concerns. These red flags may be related to the lack of supervision, safety hazards, or background checks for the provider or others in the home.

What Are the Safety Risks of Using an Unlicensed or Unpermitted In-Home Daycare in Texas?

We have seen firsthand when in-home daycares operate under the radar, and safety protocols are usually the first thing to go. Unlicensed or unpermitted daycares may be less expensive than traditional daycare centers, but they pose significant safety risks, such as:

• Dangerous Ratios: One of the most common causes of daycare injuries we see is a lack of supervision. Unlicensed or unpermitted at-home daycares often accept more children than one person can safely watch. This may maximize profits for the homeowner, but it can lead to chaotic environments where children can get hurt.
• Lack of Safety Training and Emergency Protocols: Texas childcare laws, also known as the minimum standards, require licensed providers to be trained in CPR, first aid, and safe sleep practices, especially when caring for infants. Emergency protocols in the event of an allergic reaction, serious illness, or injury are also more likely to be established in at-home daycares that undergo inspections. Unlicensed providers have no one verifying they have these life-saving skills.
• No Background Checks: Like licensed daycare centers, licensed and registered in-home daycares require fingerprint checks for all adults living in the house. Illegal daycare operations may bypass this, potentially exposing your child to individuals with dangerous criminal histories.

In addition, regardless of the type of in-home daycare, the provider should carry general liability insurance in the event that a child is seriously injured or a traumatic incident occurs. Texas requires in-home daycares to carry liability insurance of at least $300,000.

However, when an at-home daycare is not licensed or permitted by the state, often the provider also lacks the insurance coverage that is necessary to cover a child’s medical bills or ongoing therapy.

What Should I Do If My Child Was Injured at an In-Home Daycare?

After your child’s daycare injury, your priority should be seeking medical care for them. Once they are safe, you need to know your legal rights. Whether the in-home daycare was licensed, registered, listed, or operating illegally, the caregiver has a duty to keep your child safe.

If you suspect the daycare was negligent and your child’s injury was easily preventable, contact our team of experienced daycare injury lawyers at The Button Law Firm. We don’t just handle cases; we help families get answers after a daycare incident. We know the laws pertaining to in-home daycare centers and child safety. Contact us for a free case evaluation by calling 214-699-4409, emailing us at intake@buttonlawfirm.com, or filling out our online form. We are ready to listen and help you determine the best path forward for your child and family.