Child day care means the care, supervision, training, or education of:
  (1) An unrelated child or children under 14 years old for less than 24 hours per day that occurs in a place other than the child's own home, including child day care provided to school-age children before and/or after the customary school day; or
  (2) A related child or children under 14 years old for less than 24 hours per day that occurs in the caregiver's or child's home if the care is provided:
    (A) Under the auspices of a listed family home; and
    (B) In full compliance with Chapter 313 of the Labor Code, including providing care in the child's home only if:
      (i) Care is provided for a disabled child, which may include the child's siblings;
      (ii) Care is provided for a child under 18 months of age, which may include the child's siblings;
      (iii) Care is provided for a child of a parent 18 years or younger;
      (iv) Care is provided for a child of a parent 19 years of age and the parent is fully enrolled in a secondary school in a program leading toward a high school diploma;
      (v) Care is provided when the parent's work schedule necessitates child-care services during the evening, overnight, or on the weekend and taking the child outside of the child's home would be disruptive to the child; or
      (vi) The Texas Workforce Commission determines that other child-care provider arrangements are not available in the community.

Source Note: The provisions of this §745.33 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective March 1, 2012, 37 TexReg 921; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963