TX HHS Form 2760. Controlling Person Child Care Regulation

Form 2760 is used in Texas child care regulation to identify every “controlling person” connected with a child care operation. The state takes this information seriously because controlling persons can affect the health, safety, and overall management of children in care. This form helps Texas Child Care Regulation (CCR), under Title 26 of the Texas Administrative Code (TAC), evaluate whether the individuals in positions of authority meet all regulatory requirements and pose no risk to the operation or the children served.

Although the form may look simple, filling it out correctly is essential. Texas requires complete and accurate information, and leaving out even a small detail can delay licensing or trigger further review from CCR.

Purpose of the Form

This form documents all individuals who meet the legal definition of a “controlling person,” as described in TAC §745.901. In practice, these are people who have the authority to run, manage, influence, or direct the operation. The state must know who they are to ensure that those in leadership or decision-making roles meet background check requirements and understand their responsibilities.

Operations that must submit this form include: child-care centers, child-placing agencies, general residential operations, and registered or licensed child care homes.

Explanation of Key Sections

Operation Information

This section identifies the child care operation itself—its name, license or permit number, address, phone number, and county. CCR uses this to connect each controlling person to the correct facility or agency.

Common mistakes:

• Submitting a form with an outdated operation number after a change in ownership.
• Using a mailing address instead of the physical location, which causes delays.

Acknowledgment and Signature

Here the controlling person certifies that the information they provide is true and complete. This signature has legal weight: knowingly providing false information can result in enforcement actions, including delays, penalties, or denial of a permit.

Controlling Person Information

This is the core of the form. Individuals must provide their full legal name, any other names used, date of birth, driver license details, Social Security number, home address, and contact information. These details are used to run background checks as required under Texas law.

Typical applicant errors include:

• Leaving out previous names (maiden or married names), which can cause background check mismatches.
• Entering an incorrect date of birth or driver license state.
• Listing a PO box instead of a physical residential address.

Title, Position or Relationship

This section identifies why the person is considered a controlling person: owner, director, governing body member, spouse of a primary caregiver, adult living in a child care home, etc. Choosing the correct category is important because it affects which regulations apply.

Tip: When in doubt, compare your role with the definitions found in TAC §745.901.

Child-Placing Agencies Only

Child-placing agencies must indicate whether the person is connected to the main office or a specific branch. If it’s a branch, the branch number must be included. Missing branch information is one of the most common reasons these forms are returned for corrections.

Applicants After Change of Ownership

If you are applying for a license after buying or restructuring an operation, the state must determine whether any controlling persons from the old operation are still involved. This protects children by ensuring CCR can identify patterns of previous compliance issues.

The form requires clarification on:

• Whether the individual served as a controlling person in the previous operation.
• Whether they are related, by law, to someone who was previously a controlling person. This follows the degrees of consanguinity and affinity defined in TAC §745.21.

Why This Form Is Legally Required

Texas law requires background checks and suitability assessments for anyone who significantly influences a child care operation. The goal is straightforward: to protect the safety and well-being of children by ensuring transparency in leadership roles.

Failure to disclose a controlling person can result in penalties, increased monitoring, or suspension of the operation’s permit.

Examples of Real Situations Where This Form Is Needed

• A child care center hires a new director. The center must submit a new Form 2760 to CCR identifying this individual as a controlling person.
• A licensed child care home has a new adult living in the household. Even if the person isn’t providing care, their presence must be reported.
• A nonprofit child-placing agency adds a new board member. Because board members influence operations, they are considered controlling persons.
• An operation is sold to new owners. All new controlling persons must complete Form 2760 so CCR can conduct required evaluations.

Documents You May Need to Attach

• Copy of driver license (if requested)
• Verification of prior names (marriage certificate, if necessary)
• Supporting documentation for branch office identification (for child-placing agencies)
• Ownership transfer records (if applicable)

Practical Tips for Completing the Form

• Use the exact legal name shown on your driver license.
• List all names ever used to avoid delays in background checks.
• Double-check dates: birth date and effective date of role are often misstated.
• If you are unsure whether you qualify as a controlling person, consult TAC §745.901.
• Submit updated forms promptly when leadership or household changes occur.

FAQ

• Who is considered a controlling person in Texas child care? Anyone with authority over the operation’s management, finances, or daily decisions, as defined in TAC §745.901.
• Do background checks depend on this form? Yes. CCR uses the information to run mandatory background checks on each controlling person.
• What happens if I forget to include a previous name? Background checks may fail, and CCR may return the form for corrections.
• Is a spouse automatically considered a controlling person? In licensed or registered homes, adults living in the home—including spouses—are considered controlling persons.
• Do I need to update the form when roles change? Yes. Any change in titles, positions, or relationships requires submitting a new form.
• Where is the form submitted? It is submitted to Texas Child Care Regulation as part of the license or permit file.
• Is this form needed for every new hire? No. Only if that person meets the legal definition of a controlling person.

Micro-FAQ (Short Answers for Quick Reference)

• Purpose? Identify controlling persons for CCR review.
• Who must file? Anyone with authority or influence over the child care operation.
• Deadline? As soon as a new controlling person is added or a role changes.
• Attachments? ID documents or supporting ownership/branch info.
• Submitted to? Texas Child Care Regulation (CCR).
• Is prior name required? Yes.
• Does it affect licensing? Yes—missing info can delay approval.
• Is signature mandatory? Yes; it certifies accuracy.

Related Forms

• Background Check Request (Form 2971)
• Personal History Statement for Child Care Regulation
• Application for Child Care Center License
• Change of Director/Administrator Notification

Form Details

• Form Name: Controlling Person – Child Care Regulation
• Form Number: 2760
• Region: State of Texas
• Latest Revision: December 2023