Finding trustworthy overnight childcare can be a game-changer for parents working late shifts. But just because care happens outside the typical 9-to-5 doesn’t mean safety standards go out the window. In fact, nighttime childcare providers in Texas have even more rules they need to follow.
At The Button Law Firm, we work with families across Texas whose children have been hurt in unsafe daycare environments. We believe parents deserve all the necessary information to make the best decisions possible. If you’re considering overnight care for your child, here’s what you need to know about how these programs are regulated.
What Is Considered Nighttime Care in Texas?
The Texas Health and Human Services Commission (HHSC) defines nighttime care as care provided between 9 PM and 6 AM, where a child begins or continues their nighttime sleep or stays overnight at the facility. These programs must meet all of the state’s regular minimum standards, along with several additional standards specific to overnight care.
Key Rules That Nighttime Daycares Must Follow
If a daycare is licensed to offer overnight care, they are required to follow these important safety guidelines:
1. No More Than 16 Hours of Care in 24 Hours
Children cannot be in daycare for more than 16 total hours in a 24-hour period. This rule helps prevent exhaustion and ensures that children still spend quality time with their families.
2. Caregivers Must Stay Awake
Staff members supervising children must remain awake at all times, even during overnight hours. Someone needs to be alert and ready to respond to emergencies or comfort a child during the night.
3. Age-Appropriate Sleep Arrangements
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Children under 18 months must sleep in a crib.
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Kids 18 months and older must have a washable or waterproof cot, bed, or mattress.
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Children six years and older must have suitable sleeping and dressing areas for comfort and privacy.
4. Meals and Snacks Are Required
Depending on when a child arrives at the facility, the daycare must provide the appropriate combination of meals and snacks. This includes:
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An evening meal and breakfast
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A bedtime snack and breakfast
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Or all three: evening meal, bedtime snack, and breakfast
5. Quiet Time and Personal Care Activities
Children who are not sleeping or eating should be offered quiet activities. This can include personal hygiene routines like brushing teeth, washing hands, and faces to help them wind down before bed.
6. Screentime Must Be Limited Before Bed
While screentime is allowed, it cannot be used within one hour of a child’s bedtime. This helps support better sleep habits and limits exposure to overstimulating content before rest.
Why These Rules Matter
These additional nighttime care rules exist to help protect children’s safety, well-being, and developmental needs while their parents work overnight. Unfortunately, when daycare workers ignore these standards, children can get hurt. We’ve seen it happen, and we fight hard to hold daycares accountable when it does.
Learn More About Daycare Safety From The Button Law Firm
At The Button Law Firm, we are dedicated to helping families understand daycare safety rules and holding negligent facilities accountable when those rules are broken. Our Texas daycare injury team is here to answer your questions, provide guidance, and support your family if your child was hurt in a daycare setting.
If you want to learn more about how to choose a safe childcare facility, check out our free guide: 10 Tips for Finding a Safe Daycare. And if you ever need to talk with someone about a daycare injury or violation, call us at 214-699-4409 or fill out a contact form for a free case evaluation.
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