TX HHS Form 2937. Child Care Regulation Waiver/Variance Request

Form 2937 is an official request used by Texas child care providers to apply for a waiver or variance from specific Child Care Regulation (CCR) minimum standards. The form allows providers to explain why they cannot meet a particular requirement as written and how they will continue to protect children’s health and safety while working toward compliance.

Purpose of Form 2937

The purpose of Form 2937 is to give child care providers a structured way to request temporary flexibility from CCR minimum standards when full compliance is impractical or when the intent of a standard can be met through an alternative approach. The form documents the provider’s justification, risk assessment, and plan for compliance.

Submitting this form does not guarantee approval. CCR evaluates each request individually based on child safety, legal requirements, and feasibility.

When This Form Must Be Submitted

Form 2937 is required when a provider seeks formal approval to operate outside a specific CCR minimum standard. Common situations include:

• When complying with a standard would cause significant financial hardship
• When a provider can meet the intent of a standard in a different, safe way
• When temporary conditions prevent immediate compliance
• When requesting flexibility for a specific caregiver, child, or foster home

The form is not required when a provider already meets the minimum standard or when the standard is mandated by statute and cannot be waived.

Who Is Authorized to Complete the Form

Form 2937 must be completed by the child care provider or an authorized designee. This includes:

• Licensed child care center operators
• Registered or listed child care providers
• Foster homes or applicants, when applicable
• CPS contractors submitting requests on behalf of foster placements

The provider is responsible for ensuring that all information is accurate and complete.

Understanding Waivers vs. Variances

Waiver

A waiver is appropriate when compliance with a minimum standard is economically impractical. The provider must clearly explain the financial burden and include cost estimates.

Variance

A variance is appropriate when there is good cause to meet the purpose of the standard in a different way. The focus is on achieving the same safety outcome through alternative methods.

Explanation of Key Sections

Operation Information

This section identifies the child care operation, including the operation number, address, and contact information. Accurate details ensure the request is properly matched to the provider’s licensing record.

Governing Body Information

Licensed operations must list the governing body representative responsible for oversight and accountability.

Minimum Standard Requested

The provider must identify the exact minimum standard number for which the waiver or variance is requested. Vague references may result in delays or denial.

Individual or Child Information

If the request applies to a specific caregiver or child, identifying details must be provided to clarify the scope of the request.

Explanation of Non-Compliance

This section explains how and why the provider does not meet, or cannot meet, the standard as written. Clear, factual explanations are essential.

Economic Impact (if applicable)

Providers requesting a waiver must explain why compliance is financially impractical and include reasonable cost estimates.

Time Frame Requested

The provider specifies how long the waiver or variance is needed and why that time period is necessary.

Child Safety Impact and Protection Plan

This section addresses how the requested waiver or variance affects child safety and what steps the provider will take to reduce risk during the approval period.

Plan to Achieve Compliance

Providers must outline steps they will take to meet the minimum standard by the expiration date.

Notification Preference

The provider selects whether they want to receive CCR’s decision by email or certified mail.

Foster Home and CPS Contractor Information

Additional sections apply when the request involves foster homes or CPS-contracted placements.

Practical Tips for Completing Form 2937

• Identify the exact minimum standard number.
• Be specific and factual in explanations.
• Include realistic timelines and cost estimates.
• Clearly explain how children will remain safe.
• Label all supporting documents with the operation name and number.

Common Mistakes to Avoid

• Requesting waivers for standards required by statute
• Providing vague safety explanations
• Omitting cost estimates for waiver requests
• Failing to include supporting documentation
• Requesting an excessive time frame without justification

Legal and Regulatory Context

Form 2937 is governed by Texas Child Care Regulation policies and minimum standards. CCR may grant waivers or variances only when child safety is not compromised and when the law allows flexibility. Providers have the right to review and correct information submitted to CCR under Texas law.

An approved waiver or variance becomes part of the provider’s compliance record and may be reviewed during inspections.

Real-Life Examples of Use

• A provider requests a variance to meet outdoor space requirements using an alternative layout.
• A small operation seeks a waiver due to high renovation costs.
• A foster home requests temporary flexibility during home modifications.

Documents Commonly Submitted with This Form

• Photographs of the facility or equipment
• Cost estimates or contractor quotes
• Floor plans or safety plans
• Legal or custody documentation, if applicable

Frequently Asked Questions

Are waiver and variance requests always approved?

No, approval is not guaranteed.

Can I submit the request online?

Yes, providers are encouraged to submit requests through their Child Care Licensing account.

How long does approval last?

Only for the time period specified in the approval.

Can a waiver be renewed?

Renewals require a new request and review.

Will this affect my inspection results?

Approved waivers or variances are considered during inspections.

What happens if I operate without approval?

Operating out of compliance may result in deficiencies or enforcement actions.

Related Forms

• Child Care Licensing Application Forms
• CCR Minimum Standards Reference Forms
• Corrective Action or Compliance Documentation

Form Details

• Form Name: Child Care Regulation Waiver / Variance Request
• Form Number: 2937
• Program: Child Care Regulation
• State: Texas
• Revision Date: July 2021