(V) upon resumption of work, job training, or education
activities following temporary changes described in §809.51(a)
of this chapter, and upon resumption of work, job training, or education
activities during the three-month continuation of care period described
in §809.51(c) of this chapter; and
(ii) not increasing above the amount assessed at initial
eligibility determination or at the 12-month eligibility redetermination,
except upon the addition of a child in care as described in subclause
(i)(III) of this subparagraph.
(C) Parents who are one or more of the following are
exempt from paying the parent share of cost:
(i) Parents who are participating in Choices or who
are in Choices child care described in §809.45 of this chapter;
(ii) Parents who are participating in SNAP E&T
services or who are in SNAP E&T child care described in §809.47
of this chapter;
(iii) Parents of a child receiving Child Care for Children
Experiencing Homelessness as described in §809.52 of this chapter;
or
(iv) Parents who have children who are receiving protective
services child care pursuant to §809.49 and §809.54(c) of
this chapter, unless DFPS assesses the parent share of cost.
(D) Teen parents who are not covered under exemptions
listed in subparagraph (C) of this paragraph shall be assessed a parent
share of cost. The teen parent's share of cost is based solely on
the teen parent's income and size of the teen's family as defined
in §809.2 of this chapter.
(2) A Board shall establish a policy stating whether
or not the Board will reimburse providers when parents fail to pay
the parent share of cost. If the Board does not reimburse providers
under the adopted policy, the Board may establish a policy requiring
the parent pay the provider before the family can be redetermined
eligible for future child care services.
(3) A Board shall establish a policy regarding termination
of child care services within a 12-month eligibility period when a
parent fails to pay the parent share of cost. The Board's policy must
include:
(A) a requirement to evaluate and document each family's
financial situation for extenuating circumstances that may affect
affordability of the assessed parent share of cost pursuant to subparagraph
(B) of this paragraph, and a possible temporary reduction pursuant
to paragraph (4) of this subsection before the Board or its child
care contractor may terminate care under this section;
(B) a process to identify and assess the circumstances
that may jeopardize a family's self-sufficiency under paragraph (4)
of this subsection; and
(C) maintenance of a list of all terminations due to
failure to pay the parent share of cost.
(4) The Board or its child care contractor may review
the assessed parent share of cost for a possible temporary reduction
if there are extenuating circumstances that jeopardize a family's
self-sufficiency. The Board or its child care contractor may temporarily
reduce the assessed parent share of cost if warranted by these circumstances.
Following the temporary reduction, the parent share of cost amount
immediately prior to the reduction shall be reinstated.
(5) If the parent is not covered by an exemption as
specified in paragraph (1)(C) of this subsection, then the Board or
its child care contractor shall not waive the assessed parent share
of cost under any circumstances.
(6) If the parent share of cost, based on family income
and family size, is calculated to be zero, then the Board or its child
care contractor shall not charge the parent a minimum share of cost
amount.
(7) A Board may establish a policy to reduce the parent
share of cost amount assessed pursuant to paragraph (1)(A) of this
subsection upon the parent's selection of a Texas Rising Star-certified
provider. Such Board policy shall ensure:
(A) that the parent continues to receive the reduction
if:
(i) the Texas Rising Star provider loses Texas Rising
Star certification; or
(ii) the parent moves or changes employment within
the workforce area and no Texas Rising Star-certified providers are
available to meet the needs of the parent's changed circumstances;
and
(B) the parent no longer receives the reduction if
the parent voluntarily transfers the child from a Texas Rising Star-certified
provider to a non-Texas Rising Star-certified provider.
(8) A Board may establish a policy to reduce the parent
share of cost amount assessed pursuant to paragraph (1)(A) of this
subsection upon the child's referral for part-time or blended care.
Such Board policy shall ensure that:
(A) the parent no longer receives the reduction if
the referral is changed to full-time care; and
(B) a parent who qualifies for a reduction in parent
share of cost for both selecting a Texas Rising Star-certified provider
(as defined in paragraph (7) of this subsection) and a child's part-time
or blended care referral will receive the greater of the two discounts.
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Source Note: The provisions of this §809.19 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective September 8, 2008, 33 TexReg 7568; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective August 1, 2018, 43 TexReg 4474; amended to be effective January 25, 2021, 46 TexReg 593; amended to be effective October 3, 2022, 47 TexReg 6437 |