Texas Child Care Compliance

How to Pass a Daycare Inspection in Texas

The complete 2026 guide to surviving your HHSC inspection with zero deficiencies. Every form, every ratio, every checklist item — explained in plain English.

Updated April 2026 25 min read Chapter 746 Minimum Standards
Table of Contents
  1. The Big Picture
  2. Who Inspects You
  3. The Three Inspection Forms
  4. Staff-to-Child Ratios
  5. Daily Checklist (Form 1100)
  6. Emergency Drills
  7. Children's Files
  8. Staff Files
  9. Center Records
  10. Training Requirements
  11. Background Checks
  12. Forms Reference
  13. Fines & Penalties
  14. What If You Fail
  15. Inspection Day Tips
  16. Official Resources

The Big Picture: What You're Actually Dealing With

Here's the deal: a Texas daycare inspection isn't a pop quiz designed to catch you doing something wrong. It's a compliance check against a specific set of rules — Chapter 746 of the Texas Minimum Standards for Child-Care Centers — and the inspector is working from a very specific set of forms.

That's actually good news. Because if you know exactly what they're looking at, you can prepare for exactly that. No guessing. No surprises. This guide walks you through every single thing your inspector will review, in plain English, so you can walk into inspection day knowing you've covered your bases.

Here's what most people don't realize: the inspection is largely a paperwork review. Yes, they walk through your facility. Yes, they look at your playground and your kitchen and your nap room. But the majority of what makes or breaks an inspection is whether you have the right forms, filled out correctly, filed in the right place, and up to date. The physical environment matters, but the documentation is where most providers stumble.

Key Insight

Texas inspections are unannounced. You won't get a phone call. You won't get a heads-up. Your licensing representative can walk through your door at any point during operating hours. That means you need to be inspection-ready every single day — not just when you think they might show up.

The frequency? At least one annual unannounced inspection for established operations. But if you're a new center, expect more frequent visits during your first year. And if someone files a complaint, HHSC can show up to investigate that complaint at any time, on top of your regular inspection schedule.

Let's break down every piece of this so you're fully prepared.

Who Actually Shows Up at Your Door

Your inspection is conducted by the Texas Health and Human Services Commission (HHSC), specifically the Child Care Regulation (CCR) Division. The person who walks through your door is officially called a Licensing Representative — though most people in the industry just say "inspector."

Your licensing representative is typically assigned to a geographic region, so you'll likely see the same person for routine inspections. They're not there to be adversarial — they're there to verify that you're meeting minimum standards. But they also have a job to do, and they follow a structured process driven by those three inspection forms we're about to talk about.

A few things to know about the inspection process:

Heads Up

Your inspection results aren't just between you and the state. Deficiencies are posted on your public online record where any parent can see them. A clean inspection record is one of the best marketing tools you have. A bad one can drive families away.

The Three Inspection Forms (Your Inspector's Playbook)

This is the thing that most daycare owners don't fully appreciate: your inspector is working from a checklist. Actually, three checklists. Texas uses three separate evaluation forms, and together they cover everything your inspector will look at. If you understand these forms, you understand the inspection.

Form 7259 Personnel Records Evaluation

This is your staff files form. The inspector picks up individual employee folders and checks them against a list of required documents. Background checks, training records, CPR certifications, health statements — it's all on this form.

Form 7260 Children's Records Evaluation

This is your child files form. The inspector pulls individual children's folders and checks that you have complete admission information, emergency contacts, immunization records, allergy documentation, parent authorizations, and sign-in/sign-out logs.

Form 7261 Center Records Evaluation

This is your facility records form. It covers everything about the center itself: your license documentation, Plan of Operation, insurance verification, fire/health/gas inspection records, emergency drill logs, posted menus, activity plans, and more.

Think of it this way: Form 7259 asks "Are your people properly documented?" Form 7260 asks "Are your children properly documented?" And Form 7261 asks "Is your operation properly documented?"

We'll go deep on each of these in the sections below. But the takeaway here is simple: if you have all three categories of records complete and current, you've handled the majority of the inspection.

Staff-to-Child Ratios (The Numbers That Matter Most)

Ratios are probably the single most common area where Texas daycares get cited. It's not because providers don't know the ratios — it's because ratios can slip during the day when a teacher steps out for break, when enrollment fluctuates, or when you're short-staffed.

Texas ratios are defined in Chapter 746, Subchapter E, and here's the critical thing many providers miss: Texas has both a ratio requirement AND a maximum group size requirement. Meeting the ratio isn't enough if your group is too big. These are two separate rules, and the inspector checks both.

Age Group Max Children per 1 Staff Max Group Size
0 – 11 months 4 : 1 10
12 – 17 months 5 : 1 13
18 – 23 months 9 : 1 18
2 years 11 : 1 22
3 years 15 : 1 30
4 years 18 : 1 35
5 years 22 : 1 35
6 – 8 years 26 : 1 35
9 – 12 years 26 : 1 35
Don't Miss This

Ratio and group size are checked separately. Example: You have a room of 3-year-olds with 2 teachers. Your ratio allows 15:1, so you could technically supervise 30 kids with 2 staff. And 30 is exactly your max group size for that age. But if you have 31 kids in the room — even with 3 teachers — you've violated the group size rule. Both numbers have to be right.

A few ratio realities to keep in mind:

Pro Tip

Print the ratio table and post it in every classroom. Make sure every single staff member knows the ratio for the age group they're working with — not just the lead teacher. When the inspector asks a caregiver "What's the ratio for this room?" they should know the answer instantly.

The Daily Building & Grounds Checklist (Form 1100)

If there's one form that trips up more daycare owners than any other, it's this one. Form 1100 — the Daily Building and Grounds Checklist — must be completed every single day your center is open. Not weekly. Not "when you get to it." Every. Single. Day.

It's 22 items. A staff member walks through the facility, checks each item, and signs off. The inspector will ask to see your stack of completed Form 1100s and will check whether you have one for every operating day. Gaps are an easy citation.

Common Mistake

Many centers have someone fill out Form 1100 at the beginning of the week for the whole week, or backfill missing days right before inspection. Inspectors know what backdated forms look like. Same pen, same handwriting, same time stamp for five consecutive days — that's a red flag. Do it for real, every day.

Form 1100: All 22 Daily Check Items
  • Choking hazards removed from all areas accessible to children
  • Linens laundered and clean for today's use
  • Sleep equipment sanitized (cots, mats, cribs wiped down)
  • Garbage emptied in all rooms and outdoor areas
  • Floors and walls clean and in good repair
  • Heating, lighting, and ventilation working properly
  • Furniture sanitized (tables, chairs, high chairs, changing tables)
  • Hazardous materials locked away (chemicals, medications, sharp objects)
  • Electrical outlets childproofed (covers on all accessible outlets)
  • Glass doors marked at child eye level (decals or stickers)
  • Toys inspected for safety (no broken pieces, age-appropriate)
  • Water inaccessible to unsupervised children (pools, buckets, standing water)
  • Outdoor area checked before children go outside (hazards, debris, animal waste)
  • Broken equipment removed or blocked from use
  • Current menu posted where parents can see it
  • Activity plans posted in each classroom
  • Cleaning supplies out of reach and locked if accessible to children
  • Soap and paper towels available at every handwashing sink
  • Naptime lighting appropriate (dimmed but sufficient for supervision)
  • Crib spacing correct (infant room — cribs not touching each other)
  • TVs and heavy furniture anchored to walls (tip-over prevention)
  • Overall facility condition is safe and clean

Here's the thing about Form 1100: it's not hard. It takes maybe 10 minutes to walk through the facility and check these items. But if you skip it — even for a day — and the inspector asks to see your log, that missing day is a deficiency. Build it into your opening routine. Someone arrives, they do the walkthrough, they fill out the form, they sign it. Before any kids arrive. Every day.

Emergency Drills & Safety Device Checks (Form 7263)

Texas takes emergency preparedness seriously, and your inspector will review your Form 7263 — Emergency Practices Log to make sure you're doing drills and testing safety equipment on schedule. Here's the full breakdown:

Monthly
Frequency
Fire Evacuation Drills
Must exit in under 3 minutes
4x/year
Frequency
Severe Weather / Shelter Drills
Tornado / severe storm sheltering
4x/year
Frequency
Lock-Down Drills
Intruder / external threat response
Monthly
Frequency
CO Alarm Tests
Test button on every detector
Monthly
Frequency
Smoke Detector Tests
Test button on every detector
Monthly
Frequency
Fire Extinguisher Checks
Visual inspection, pressure gauge
The 3-Minute Rule

During fire drills, your entire facility must be evacuated in under 3 minutes. That's from the moment the alarm sounds to the moment every child and staff member is at your designated meeting point. Time it. If you're not making it, you need to adjust your evacuation plan. This is one of the items inspectors specifically look for in your drill logs.

Log everything on Form 7263. Every drill, every device test, with the date, time, and the name of the person who conducted it. The inspector will count your entries against the calendar to make sure you haven't skipped any months. If you did your fire drill on March 3rd and your next one was May 15th — congratulations, you missed April. That's a deficiency.

Quick tip: set recurring calendar reminders for the first week of every month. Fire drill, smoke detectors, CO alarms, fire extinguishers. Do them all in the same week. That way you never fall behind.

Children's Files: What Form 7260 Checks

Your inspector will pull children's files and review them against Form 7260 — Children's Records Evaluation. They won't check every single child's file (usually), but they'll sample several. If those samples have problems, they'll dig deeper.

Here's what needs to be in every child's file:

Child File Checklist (Form 7260)
  • Form 2935 — Admission Information completed in full (no blank fields)
  • Emergency contacts — at least two people authorized to pick up the child
  • Immunization records — current per Texas state requirements, or a valid exemption on file
  • Allergy and medical condition documentation — with specific instructions for care
  • Parent authorizations — medication administration, authorized pickup persons, field trip permissions
  • Sign-in/sign-out logs (Form 2941) — present, complete, with parent/guardian signatures and times

The most common issues inspectors find in children's files:

Best Practice

Do a monthly file audit on a random sample of children's files. Pull 5 files, check them against the Form 7260 checklist. Fix anything that's missing immediately. If you find one file with an issue, check all files for the same issue. This is exactly what the inspector does — you might as well do it first.

Staff Files: What Form 7259 Checks

Staff files are where a lot of providers get hit. You hire someone, you collect their paperwork during onboarding, and then... things expire. CPR certifications lapse. Annual training hours don't get logged. A new background check clearance letter comes in and nobody files it. The inspector opens the folder and there it is: a deficiency.

Here's what needs to be in every staff member's file:

Staff File Checklist (Form 7259)
  • Background check clearance — current, fingerprint-based FBI check on file
  • Pre-employment affidavit (Form 2912) — signed before hire
  • Employment affidavit (Form 2985) — signed at hire
  • Training documentation — orientation completed, 24 clock hours pre-service training logged (8 hours before working with children)
  • Ongoing annual training — documented hours meeting annual requirements
  • Health statement — on file and current
  • Pediatric CPR certification — current (not expired)
  • Pediatric First Aid certification — current (not expired)
  • Professional development records — transcripts, certificates, workshop completions
The CPR Trap

CPR certifications typically expire every 2 years. Track the expiration date for every staff member. If even one person's certification has lapsed — even by a week — and they're working with children, that's a violation. Set calendar alerts 60 days before each expiration so you have time to schedule recertification.

One more thing about staff files: the inspector may also check that your Form 2947 — Personnel Information Record is complete for each employee. This is the basic personnel data form (name, address, position, emergency contact, start date). It's simple, but it has to be there.

Center Records: What Form 7261 Checks

Form 7261 is the big-picture form. It covers everything about your operation as a whole — not individual people or children, but the center itself. Here's what the inspector reviews:

Center Records Checklist (Form 7261)
  • License/permit documentation — current and displayed
  • Form 2948 — Plan of Operation — complete and current
  • Form 2962 — Verification of Liability Insurance — current policy on file
  • Fire inspection records — most recent passing inspection
  • Health inspection records — most recent passing inspection
  • Gas inspection records (if applicable) — most recent passing inspection
  • Form 7263 — Emergency Practices Log — all drills and device tests documented
  • Current menu posted — visible to parents, matching what you're actually serving
  • Activity plans posted — in each classroom, current
  • Controlling persons documentation (Form 2760) — identifying all people with control over the operation
  • Waivers or variances on file (Form 2937) — if you have any approved exceptions to minimum standards
  • Form 1099 — Discipline and Guidance Policy — on file and provided to parents
  • Form 2550 — Infant Safe Sleep Policy — on file (if you serve infants)
  • Form 7243 — Emergency Telephone Numbers — posted by every phone

The center records check is where a lot of "invisible" requirements surface. You might not think about your liability insurance verification until the inspector asks for it. Or you might not realize that your Plan of Operation needs to be updated because you added an after-school program last year. Review Form 7261 once a quarter and make sure everything on it is current.

Training Requirements: What Your Staff Needs

Texas has specific training requirements for everyone who works with children, and the inspector will check training documentation in staff files. Here's the breakdown:

Pre-Service Training (Before or Right After Hire)

Director Requirements

Ongoing Annual Training (All Staff)

CPR and First Aid

Training Documentation Tip

Keep a training tracker spreadsheet that lists every employee, their hire date, pre-service hours completed, annual hours completed, CPR expiration, and First Aid expiration. Update it monthly. When the inspector asks "Can you show me training records for your staff?" you can pull up a summary and then back it up with certificates in the individual files. Being organized like this signals to the inspector that you take compliance seriously.

Background Checks: Non-Negotiable

Every single person who has unsupervised access to children in your care must have a fingerprint-based FBI background check on file. This isn't optional, and there's no grace period for new employees — the check must be initiated before they start working with children, and clearance must be received.

Key points:

This Will Shut You Down

Having someone working with children who hasn't cleared a background check is one of the most serious violations you can receive. It signals to the state that children in your care may be at risk. Never allow anyone to be alone with children until their background check is fully cleared. No exceptions. No "they seem trustworthy." No "it's being processed." Cleared means cleared.

Complete Forms Reference

Texas child care regulation involves a lot of forms. Here's a quick-reference guide to every form mentioned in this article, organized by how you'll encounter them:

Forms Your Inspector Brings (Evaluation Forms)

7259 Personnel Records Evaluation

Inspector's checklist for reviewing staff files

7260 Children's Records Evaluation

Inspector's checklist for reviewing children's files

7261 Center Records Evaluation

Inspector's checklist for reviewing facility records

Forms You Maintain Daily/Ongoing

1100 Daily Building & Grounds Checklist

22-item facility safety check — completed every operating day

2941 Sign-In / Sign-Out Log

Daily record of child arrivals and departures with parent signatures

7240 Monthly Attendance Record

Monthly attendance tracking for each child

7263 Emergency Practices Log

Log for all drills (fire, weather, lockdown) and safety device tests

7239 Incident / Illness Report

Documentation of any injury, illness, or incident during care

7255 Medication Authorization & Administration Log

Parent authorization + log of all medications given to a child

Forms in Children's Files

2935 Admission Information

Comprehensive enrollment form for each child — must be 100% complete

Forms in Staff Files

2947 Personnel Information Record

Basic employment information for each staff member

2912 Pre-Employment Affidavit

Signed before hire — attests to history and qualifications

2985 Employment Affidavit

Signed at time of hire

Center-Level Policy Forms

2948 Plan of Operation

Your center's master plan — hours, services, ages served, policies

1099 Discipline and Guidance Policy

Your center's discipline policy — must be provided to parents

2550 Infant Safe Sleep Policy

Required if you serve infants — covers safe sleep practices

7243 Emergency Telephone Numbers

Must be posted by every telephone in the facility

2962 Verification of Liability Insurance

Proof of current liability insurance coverage

2760 Controlling Persons Documentation

Identifies all people with ownership or control over the operation

2937 Waivers / Variances

Any approved exceptions to minimum standards (if applicable)

If You Get Cited

7277 Plan of Action

Your written response to deficiencies — what you'll fix and by when

All of these forms are available from the HHSC Child Day Care Regulation Forms page and the CCR Handbook Forms page.

Fines & Penalties: What's at Stake

Let's talk about what happens when things go wrong. Texas doesn't just slap you on the wrist. The penalties are real, and they escalate.

$1,000
Per violation for abuse, neglect, or exploitation of a child
$500
For failing to notify parents about an injury that required medical treatment
$50/day
For failing to inform parents about citations for abuse or neglect

Beyond the specific dollar amounts, Texas uses a progressive enforcement model:

  1. Corrective Action — You're told what to fix and given a deadline. This is the most common outcome for minor deficiencies.
  2. Probation — Your license is placed on probation. You're still operating, but under heightened scrutiny. This gets posted on your public record.
  3. Adverse Action — This is the end of the road. Your license is revoked or denied. The state shuts you down.
Public Record

Every deficiency and every enforcement action is posted on your public compliance history at childcare.hhs.texas.gov. Parents research providers using this tool. A history of violations — even corrected ones — affects enrollment. Your reputation is on the line with every inspection. For details on the penalty structure, see the HHSC Administrative Penalties Handbook.

What Happens If You Fail (It's Not the End of the World)

First: take a breath. Getting cited on an inspection doesn't mean you're a bad provider. It doesn't mean you're getting shut down. It means you have work to do, and the state is giving you a chance to do it.

Here's the process:

  1. The inspector documents the deficiency during the visit, noting exactly which standard was not met.
  2. You receive a written report detailing all deficiencies found.
  3. You complete Form 7277 — Plan of Action. For each deficiency, you write down exactly what you're going to do to fix it and by when.
  4. You implement the fixes within the timeframe you committed to.
  5. The inspector may follow up to verify the corrections were made.

The key to a good Plan of Action is specificity. Don't write "We will improve our record-keeping." Write "Director Smith will audit all 47 children's files by April 30th, complete any missing fields on Form 2935, and collect updated immunization records from 12 families whose records have expired. Going forward, we will conduct monthly file audits on the first Monday of each month."

Silver Lining

A well-written, specific Plan of Action actually works in your favor. It shows the licensing representative that you take compliance seriously and have a concrete plan. Vague or half-hearted plans invite more scrutiny. Detailed, thoughtful plans build credibility.

Also worth knowing: most deficiencies are correctable. The vast majority of Texas daycare inspection findings fall into the "fix it and move on" category. The serious enforcement actions — probation, revocation — are reserved for patterns of non-compliance, repeated violations, or situations where children's safety is genuinely at risk.

Inspection Day: Practical Tips from the Trenches

You can't predict when your inspector will walk through the door, but you can control how ready you are. Here are the things that separate providers who breeze through inspections from providers who scramble:

Before Inspection Day (a.k.a. Every Day)

When the Inspector Arrives

After the Inspection

The Inspection Mindset

The best daycare operators don't prepare for inspections. They build systems that keep them always ready. Daily checklists. Monthly audits. Training trackers. Expiration alerts. When you have good systems, the inspection is just a confirmation of what you already know — that you're running a compliant operation. That's the goal.

Official Texas Resources

Everything in this guide is based on official Texas HHSC and CCR sources. Here are the direct links you should bookmark:

Stop Scrambling Before Inspections

ComplianceKit tracks your forms, monitors expirations, sends drill reminders, and runs automated file audits — so you're inspection-ready every single day, not just when you think they might show up.

See How ComplianceKit Works

About ComplianceKit

ComplianceKit is compliance management software built specifically for child care providers. We started because we saw too many good daycare owners — people who genuinely care about kids — getting tripped up by paperwork, missed deadlines, and the sheer volume of regulatory requirements. Our platform automates the tedious parts of compliance: tracking training hours and certification expirations, scheduling and logging emergency drills, generating daily checklists, auditing children's and staff files against state requirements, and alerting you before something lapses. We currently support Texas (Chapter 746) with more states coming soon. If you're tired of binder-based compliance and want a system that actually keeps you ready for inspection day, check us out.