Texas Listed Family Home: Rules, Limits, and When Listing Is the Right Choice

A Texas Listed Family Home is the lightest regulatory tier HHSC offers for home-based child care, and for some providers it is the right fit — but the capacity limit is strict enough that many operators outgrow it within the first year. Understanding exactly what listing gives you (and what it does not) before you commit saves time and prevents the cost of upgrading mid-operation.

What a Listed Family Home Is

Under 26 TAC Chapter 742, a Listed Family Home is a private residence where the caregiver provides regular care for one to three unrelated children. The listing is issued by the HHSC Child Care Regulation (CCR) division, and it is the lowest level of state regulation available to someone who is not caring exclusively for relatives.

The key parameters:

• Maximum capacity: 3 unrelated children, with a total cap of 12 children (including your own) present at any time
• Minimum age: 18 years old — the only home permit category that does not require the provider to be 21
• Education: No statutory minimum
• Application fee: $20 (annual renewal also $20)
• Inspections: Complaint-driven only — HHSC does not conduct routine monitoring visits
• Liability insurance: Not required for Listed homes (unlike Registered and Licensed homes, which must carry $300,000 per occurrence or file a parental waiver)

Who Should List vs. Register or License

Listing works well for providers who plan to stay small — genuinely small. Three unrelated children is the hard ceiling. Your own children under 14 count toward the 12-child total when they are present during operating hours, but they do not count against the 3-unrelated limit.

Listing is also the required permit type for relative providers who want to accept Texas Workforce Commission (TWC) Child Care Services (CCS) subsidies for related children. If a grandparent, aunt, uncle, or sibling (not living in the same household as the child) wants to be paid through CCS, they must hold a Listed Family Home permit.

If you anticipate serving more than three unrelated children — or if you want to build a full-time income from home child care — a Registered or Licensed home permit is the better starting point. The application fee difference is only $15 ($20 vs. $35), but switching from Listed to Registered later means a new application, additional training requirements, and meeting the higher physical-space standards of Chapter 747.

Background Check Requirements

Even though Listed homes face no routine inspections, background checks are still mandatory. The primary caregiver and every household member aged 14 or older must be screened through the HHSC Centralized Background Check Unit (CBCU).

The screening includes a Texas DPS name-based criminal history check, a DFPS Child Abuse Central Registry search, and a National Sex Offender Registry check. Fingerprint-based FBI checks are also required for all primary caregivers, employees, and prospective employees, and for any household member aged 14 or older who resides in the home or has unsupervised access to children.

For each person who requires fingerprinting, expect a $2 HHSC administrative fee plus $45–$60 for IdentoGO fingerprinting. If a household member has lived outside Texas in the past five years, you will also need out-of-state checks from each prior state of residence.

What Chapter 742 Requires (and Does Not)

Listed homes operate under 26 TAC Chapter 742, which is substantially lighter than the Chapter 747 standards that govern Registered and Licensed homes. There is no requirement for 30 square feet of indoor play space per child, no mandatory outdoor fencing specifications, and no annual training hour minimums.

What Chapter 742 does require:

• Safe sleeping practices for infants (firm mattresses, no loose bedding)
• Childproofed environments (outlets covered, hazardous materials out of reach)
• Proof that all required background checks cleared before accepting children
• Up-to-date immunization records for enrolled children (or valid exemption affidavits)

The lighter regulatory burden is a trade-off: parents choosing a Listed home know that the state has not inspected the home before children were accepted, and that ongoing monitoring only happens if someone files a complaint.

The 2026 Rule Changes Worth Watching

The HHSC published proposed rule changes in July 2026 that would affect Listed homes under §742.402. If adopted, the new rules require all Listed Family Home permit holders, controlling persons, and employees to disclose any prior revocation of a state-issued license, registration, certificate, or occupational authorization. If a revocation is disclosed, the provider must notify every enrolled parent in writing and keep signed acknowledgments on file.

This is a notable tightening of disclosure requirements for a category that was historically the least regulated. If you hold a listing, keep an eye on the Texas Register for the final adopted rule.

Senate Bill 225 Applies to Listed Homes Too

SB 225 (Ellie's Law), which took effect in September 2021, changed how HHSC tracks compliance history. Under SB 225, all compliance records and violations are permanently linked to the provider's legal name — not just the facility address. If you close a Listed home and reopen at a new address, your entire compliance history follows you into the HHSC searchable database.

The lookback window for permit renewals was also expanded from two to five years. HHSC reviews the preceding five years of your record when you renew your listing, so a pattern of violations has longer-lasting consequences than it did before 2021.

Moving Up from a Listing

If your daycare grows and you need to serve more than three unrelated children, you will need to upgrade to a Registered or Licensed home permit. The upgrade is a new application process, not an amendment — you submit new forms (Form 2919 for Registration or Form 2910 for a License), pay the $35 application fee (plus the $35 initial permit fee for a Licensed home), meet the Chapter 747 physical-space and training requirements, and pass a pre-licensing inspection.

If you are starting from scratch and think you will need more than three children within the first year, starting directly with a Registered or Licensed permit avoids the cost and delay of transitioning later. The Texas Home Daycare License Guide covers the requirements and application process for all three permit types side by side, with capacity-planning worksheets to help you pick the right category before you apply.

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