| (a) For child care funds allocated by the Commission
pursuant to its allocation rules (generally, Chapter 800, Subchapter
B of this title, and specifically §800.58 of this title), including
local public transferred funds and local private donated funds, as
provided in §809.17 of this subchapter, the following shall apply:
(1) The parent share of cost shall:
(A) be assessed to all parents, except in instances
when an exemption under paragraph (3) of this subsection applies;
and
(B) be established by the Commission and determined
by a sliding fee scale based on the family's size and gross monthly
income determined in §809.44 of this chapter and as represented
by a percentage of the state median income (SMI) up to 85 percent
SMI; and
(C) not exceed 7 percent of the family income, regardless
of the number of children receiving child care services.
(2) A Board shall assess the parent share of cost in
accordance with subsection (a)(1)(B) of this section and in a manner
that results in the parent share of cost:
(A) being assessed only at the following times:
(i) initial eligibility determination;
(ii) 12-month eligibility redetermination;
(iii) upon the addition of a child in care;
(iv) upon a parent's report of a change in income,
family size, or number of children in care that would result in a
reduced parent share of cost assessment; and
(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
(B) 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 clause
(A)(iii) of this paragraph.
(3) Parents who are one or more of the following are
exempt from paying the parent share of cost:
(A) Parents who are participating in Choices or who
are in Choices child care described in §809.45 of this chapter;
(B) 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;
(C) Parents of a child receiving Child Care for Children
Experiencing Homelessness as described in §809.52 of this chapter;
or
(D) 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.
(4) Teen parents who are not covered under exemptions
listed in paragraph (3) of this section 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.
(b) A Board shall establish a policy stating whether
or not the Board will pay providers when parents fail to pay the parent
share of cost. If the Board does not pay 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.
(c) 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:
(1) 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 paragraph
(2) of this subsection, and a possible temporary reduction pursuant
to subsection (d) of this section of this subsection before the Board
or its child care contractor may terminate care under this section;
(2) a process to identify and assess the circumstances
that may jeopardize a family's self-sufficiency under subsection (d)
of this section; and
(3) maintenance of a list of all terminations due to
failure to pay the parent share of cost.
(d) 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.
(e) If the parent is not covered by an exemption as
specified in subsection (a)(3) of this section, then the Board or
its child care contractor shall not waive the assessed parent share
of cost under any circumstances.
(f) 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.
(g) A Board may establish a policy to reduce the parent
share of cost amount assessed pursuant to subsection (a)(1) upon the
child's referral for part-time or blended care. Such Board policy
shall ensure that the parent no longer receives the reduction if the
referral is changed to full-time care.
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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; amended to be effective July 29, 2024, 49 TexReg 5540 |
