No. Caregivers supervising children during nighttime care in your child-care home do not have to be awake to supervise the children if:
  (1) The children are asleep before the caregivers;
  (2) The caregivers are on the same floor as the sleeping children; and
  (3) The caregivers are close enough to the children to respond or intervene if a child awakens for feeding, becomes ill, is afraid of the dark, or in the event of an emergency.

Source Note: The provisions of this §747.3005 adopted to be effective September 1, 2003, 28 TexReg 1462; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909