If your operation cares for a child under the age of five, you must:
  (1) Have written procedures that include the following:
    (A) How caregivers will supervise the child while transitioning the child to and from restrooms, indoor and outdoor activity spaces, and spaces shared by other persons outside of the operation;
    (B) How caregivers will meet the unique care needs of the child;
    (C) How caregivers will meet the outdoor play and physical activity needs in §744.2002(1) and (3) of this division (relating to What additional activities must caregivers provide when a child is in care for more than five consecutive hours in a day?), including:
      (i) A minimum of two opportunities for outdoor play, weather permitting, for at least 60 total minutes when a child is in care for eight hours, although you may prorate this requirement if a child is in care for less than eight hours; and
      (ii) A minimum of 90 minutes of moderate to vigorous active play when a child is in care for eight hours, although you may prorate this requirement if a child is in care for less than eight hours;
    (D) Under what circumstances the child will be mixing with older children in the operation; and
    (E) Any modifications to space or equipment that will be made to accommodate the child.
  (2) Have written policies that address the promotion of indoor and outdoor physical activity that are consistent with this division. Your policies must include:
    (A) The benefits of physical activity and outdoor play;
    (B) The duration of physical activity at your operation, both indoor and outdoor;
    (C) The type of physical activity (structured and unstructured) that children may engage in at your operation;
    (D) Each setting in which your physical activity program will take place;
    (E) The recommended clothing and footwear that will allow a child to participate freely and safely in physical activities; and
    (F) A plan to ensure physical activity occurs on days when extreme weather conditions prohibit or limit outdoor play.
  (3) Follow the policies and procedures and make the policies and procedures available for review by:
    (A) Licensing upon request during your hours of operation; and
    (B) Parents at enrollment and as needed thereafter.

Source Note: The provisions of this §744.2003 adopted to be effective September 1, 2010, 35 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective March 10, 2021, 46 TexReg 1473