TX HHS Form 2838. Miscellaneous Program Request for Exemption from Child Care Regulation

Form 2838 is an official Texas Health and Human Services Commission (HHSC) document used by certain programs to request an exemption from Child Care Regulation (CCR). This form applies to organizations and programs that work with children but believe they are not required to hold a child care permit under Title 26 of the Texas Administrative Code, Section 745.129.

The purpose of this form is not to apply for a license, but to formally demonstrate to CCR that a program meets one of the statutory exemption categories and therefore should not be regulated as a child care operation.

When Form 2838 Is Required

You should submit Form 2838 if you operate a program involving children in Texas and need an official determination that your activities are exempt from child care regulation. This often applies when your program is recreational, membership-based, or limited in scope and duration.

You generally do not need this form if your program is already licensed or permitted by CCR, or if you clearly fall outside any child-related activity that could be considered child care.

Who Is Allowed to Complete This Form

The form must be completed by the program owner, governing body, sponsoring organization, or an authorized representative who has full knowledge of how the program operates. The information provided must be accurate and complete, as it forms the basis of CCR’s exemption decision.

Overview of Government Requirements

Texas law requires programs that care for children to either hold a valid permit or clearly qualify for an exemption. CCR uses Form 2838 to evaluate whether a program meets the exemption criteria outlined in 26 TAC §745.129. Operating without a permit or valid exemption may result in civil or criminal penalties.

Section-by-Section Explanation of Form 2838

Section A – Identifying Information

This section identifies the program and responsible parties. You must provide the program name, address, contact information, and ownership or governing body details. CCR uses this information to verify who operates the program and how to reach them.

Section B – Program Information

This section explains how your program operates. You must describe the ages of children served, the number of participants, operating hours, days and months of operation, and whether the location is shared with another program.

You are also required to clearly explain the overall purpose of your program and provide a detailed description of the activities for which you are requesting an exemption.

Neighborhood Recreation Exemption (26 TAC §745.129(1))

If you are claiming a neighborhood recreation exemption, you must confirm that your program is recreational in nature, adopts standards of care, does not operate as child care, and informs parents that the program is not regulated by CCR.

Food Distribution Program Exemption (26 TAC §745.129(6))

This option applies to nonprofit food banks that provide limited meal services under specific conditions. The form asks targeted questions to confirm that the program meets all criteria for this exemption.

Section C – Shared Physical Facility

If your program shares space with another regulated or exempt program, this section explains how children and staff are separated and supervised. CCR pays close attention to shared staffing, shared spaces, and written supervision plans.

Section D – Required Documentation

This section lists the supporting materials you must submit with your application. Providing complete documentation helps CCR process your request more efficiently.

Section E – How HHSC Processes the Request

CCR reviews your submission to determine whether the exemption criteria are met. If information is missing or unclear, CCR may request additional details or conduct a site visit.

Section F – Privacy Statement

This section explains how HHSC handles personal and organizational information provided in the form.

Section G – Certification

The authorized representative certifies that all information provided is true and complete. Submitting false or misleading information may have legal consequences.

Common Mistakes Applicants Make

• Describing activities that resemble regulated child care.
• Failing to clearly explain the recreational or limited nature of the program.
• Not attaching required schedules, policies, or floor plans.
• Advertising the program as child care while claiming an exemption.
• Leaving sections incomplete or inconsistent.

Practical Tips for Completing the Form

• Use clear, plain language when describing your program’s purpose.
• Ensure your written materials match how the program actually operates.
• Attach all requested documents in an organized format.
• Double-check that your program does not market itself as child care.
• Keep copies of everything you submit.

Real-Life Examples Where Form 2838 Is Used

• A neighborhood sports club offering seasonal recreational activities for children.
• A nonprofit organization distributing evening meals to families at a community center.
• A membership-based youth program operating limited hours without child care services.

Documents Commonly Attached to This Form

• Program descriptions and service explanations.
• Parent handbooks, enrollment forms, and policies.
• Daily and weekly schedules.
• Fee information.
• Facility floor plans and shared-space supervision plans.
• Advertising or informational materials.

Frequently Asked Questions

Does submitting this form guarantee an exemption?

No. CCR reviews the information and determines whether your program qualifies.

Can CCR visit my program location?

Yes. CCR may conduct a site visit if additional verification is needed.

What happens if my exemption is denied?

You will receive a written notice explaining your right to request an administrative review.

Is this form required every year?

Not automatically, but CCR may require updates if your program changes.

Can a for-profit program apply for an exemption?

Some exemptions allow for-profit entities, depending on the program type and structure.

What are the risks of operating without approval?

Programs may face civil penalties, court action, or criminal charges.

Micro-FAQ

• Purpose: Request exemption from Texas child care regulation.
• Who files: Program owner or authorized representative.
• Applies to: Certain recreational or limited programs.
• Attachments: Program descriptions, schedules, policies.
• Submitted to: Texas HHSC Child Care Regulation.
• Governing law: 26 TAC §745.129.

Related Forms and Resources

• Texas Child Care Licensing Forms
• CCR Permit Application Forms
• Texas Human Resources Code Chapter 42 Guidance

Form Details

• Form name: Miscellaneous Entities Request for Exemption from Child Care Regulation
• Form number: 2838
• Issuing authority: Texas Health and Human Services Commission (HHSC)
• Region: Texas
• Revision date: September 2024