What are the Babysitting Laws in Texas?
While there is no legal minimum age for babysitting in Texas, it is generally recommended by medical professionals that babysitters be no younger than 11. The maturity of any candidate should be evaluated very carefully to see that they demonstrate a high level of responsibility. There are actually no babysitting laws in Texas setting any specific requirements nor any specific legal age to babysit. Not only is there no statutory minimum age to babysit in Texas, but no particular training is required of the babysitter.
How Many Kids May A Person Babysit Without a Daycare License in Texas?
While there are no set laws addressing babysitting per se, depending on where you babysit, whom you babysit, and how many kids you babysit, you may run afoul of Texas childcare licensing regulations and/or Texas child endangerment laws if you are not careful.
Childcare Licensing Laws
Texas Laws on daycares and childcare facilities are very vague, poorly written, and difficult to understand. They provide that “no person may operate a child-care facility or child-placing agency without a license” (Human Resources Code 42.041. (a)). However, the definitions of when you are considered one of the many types of “child-care facilities” are difficult to understand. One thing is clear, there is more regulation when you are doing it 1) outside your own home, 2) on a regular basis, and 3) with children not related to you.
Under the Human Resources Code, “Regular care” means care that is provided at least:
- four hours a day, three or more days a week, for three or more consecutive weeks; or
- four hours a day for 40 or more days in a period of 12 months.
Thus, if you are truly babysitting and not providing ‘regular care,” and you are babysitting less than 6 kids at a time, you are probably not required to get a childcare license. If you do intend to provide regular care to someone’s children other than your own, the regulations can get complicated.
Child Endangerment Laws
Under the Texas Penal Code Section 22.041, it is a felony for any person having custody, care, or control of a child younger than 15 years, who intentionally leaves the child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability and thereby exposes the child to an unreasonable risk of harm.
The problem with the above law is that it is not clearly defined in the context of leaving a child in the care of another. Ultimately it is up to a jury to decide whether a child left under another’s care would be a reasonable action by a reasonable adult. The jury would be allowed to consider the exact considerations a parent should consider before leaving their child with another person. Some examples of these considerations are:
- How safe is the neighborhood?
- How safe and secure is the home/building where the car is to be provided?
- How old/mature is the person or persons providing the care?
- How experienced is the person providing the care?
- Is the person licensed and/or insured for what they are doing?
- How many people are to be cared for?
- What are the ages of those cared for?
- Are there hazards in the home or yard such as uncovered electrical outlets, ungated/unfenced swimming pools, or other common hazards?
- What is the duration of the stay?
- Who can the care provider call upon in case they need assistance or have an emergency?
- What special needs do any of the children have?
- Are there any mental, emotional, and/or behavioral issues with any of the children to be watched or doing the watching?
- Has the sitter taken a babysitter training course or CPR?
It is important to note that both the parent(s) and the care provider could potentially be charged with child endangerment in light of the fact that the care provider is receiving custody of the child to be watched.
*Notice: All information contained on this page is provided for educational and informational use only. None of this information is intended to be relied upon as legal advice. Nor is this a legal opinion as to the legality or requirements of anyone’s specific case. You should consult with the Texas Department of Family Services Child Care Licensing Division to determine any and all specific requirements you must meet if attempting to operate a childcare facility of any nature.
What Should a Parent Consider Before Allowing Someone to Babysit?
Every parent wants to be certain that his or her kids are safe when entrusted to a babysitter. And, no babysitter wants to be alone with children he or she can’t manage, or be faced with an emergency situation unprepared. But, what exactly does it take to qualify a sitter in Texas? How can a parent be confident in a babysitter’s abilities, or a teen know that he or she is ready to be responsible for someone else’s children?
Texas law doesn’t provide any answers to these questions. To some extent, the decision is a personal one. Parents must weigh their own concerns and priorities, along with knowledge of their children’s needs and behavior, to determine what they require in a babysitter. The babysitter must assess his or her own knowledge, experience, patience, and confidence before deciding whether to take on a job. At a minimum, the parent should begin with the list of jury considerations in the section above and go from there.
There are Few Legal Restrictions on Texas Babysitters
Except for home daycare providers who are babysitting for multiple children on a regular basis that might qualify as a Licensed Family Home, a Licensed Childcare Home,w or a Registered Childcare Home*, Texas babysitters are largely free from legal regulation and are not required to be licensed. This lack of regulation makes it easier to find babysitters and easier to get started earning money by caring for children. However, it also places greater responsibility on parents to vet babysitting prospects, and on babysitters to educate themselves and be honest with themselves about the age and number of children they are prepared to be responsible for, under what circumstances, and for how long. When these prospective babysitters are young teens, their own parents should also be involved in that process.
*See Paul H. Cannon Discusses the Importance of Vetting Home Daycare Centers for more information on the classifications and requirements for State-regulated home daycares.
Common Sense Tips for Would-Be Babysitters
While there is no legal minimum age for babysitting in Texas, it is generally recommended by medical professionals that babysitters be no younger than 11. The maturity of any candidate should be evaluated very carefully to see that they demonstrate a high level of responsibility. Young and inexperienced babysitters should also gain experience gradually and under safe conditions. For example:
- If possible, start out assisting a parent by caring for a child while the parent is at home or nearby
- Begin by babysitting for short periods of time
- Start with one child, preferably one the sitter already knows well
- Make sure the novice babysitter has resources, such as a parent or trusted neighbor, readily available.
Even experienced babysitters will need to prepare themselves to care for each child or set of siblings, by talking with parents about any special concerns, house rules, and safety issues, and ensuring that all emergency numbers, necessary medications, and other resources are readily accessible.
Who Offers Babysitting Classes and Training Programs?
One good way to prepare to babysit is to complete babysitter training through the American Red Cross. The Red Cross offers a variety of affordable programs, from an online ‘Babysitter Basics’ course to live classroom training, and even more advanced child care and first aid training. Basic classes are typically open to anyone aged 11 or older.
Completion of these courses may also make it easier for a young babysitter to find work, and provides parents with concrete information about what the prospective babysitter knows and is prepared for.
Who Should Take Babysitter Training Classes?
Generally, the courses are designed for ages 11 and up looking to babysit. They can be good for potential sitters even if they are just planning to watch younger siblings within their own homes. For example, parents with multiple children may want their older children to complete babysitter training since it will make them better prepared to supervise their younger siblings when parents aren’t at home, and to take safety issues more seriously as they gain independence themselves.
“Safety first” is never more true than when it comes to caring for your children—whether your children are being entrusted to a babysitter or are young babysitters who need to be as prepared and confident as possible when they take on this new responsibility.
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