The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Attending a job training or educational program--An
individual is attending a job training or educational program if the
individual:
(A) is considered by the program to be officially enrolled;
(B) meets all attendance requirements established by
the program; and
(C) is making progress toward successful completion
of the program as demonstrated through continued enrollment in the
program upon eligibility redetermination as described in §809.42
of this chapter.
(2) Child--An individual who meets the general eligibility
requirements contained in this chapter for receiving child care services.
(3) Child care contractor--The entity or entities under
contract with the Board to manage child care services. This includes
contractors involved in determining eligibility for child care services,
contractors involved in the billing and reimbursement process related
to child care, as well as contractors involved in the funding of quality
improvement activities as described in §809.16 of this chapter.
(4) Child Care Desert--An area described in Texas Labor
Code, §302.0461 in which the number of children under age six
with working parents is at least three times greater than the capacity
of licensed child care providers in the area, based on data published
annually by the Commission.
(5) Child Care Regulation (CCR)--Division in the Texas
Health and Human Services Commission responsible for protecting the
health, safety, and well-being of children who attend or reside in
regulated child care facilities and homes.
(6) Child care services--Child care subsidies and quality
improvement activities funded by the Commission.
7) Child care subsidies--Commission-funded child care
reimbursements to an eligible child care provider for the direct care
of an eligible child.
(8) Child experiencing homelessness--A child who is
homeless, as defined in the McKinney-Vento Act (42 USC 11434(a)),
Subtitle VII-B, §725.
(9) Child with disabilities--A child who has a physical
or mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as
having such an impairment. Major life activities include, but are
not limited to, caring for oneself; performing manual tasks; walking;
hearing; seeing, speaking, or breathing; learning; and working.
(10) Educational program--A program that leads to:
(A) a high school diploma;
(B) a Certificate of High School Equivalency; or
(C) an undergraduate degree from an institution of
higher education.
(11) Excessive unexplained absences--More than 40 unexplained
absences within a 12-month eligibility period as described in §809.78
of this chapter.
(12) Family--Two or more individuals related by blood,
marriage, or decree of court, who are living in a single residence
and are included in one or more of the following categories:
(A) Two individuals, married--including by common-law,
and household dependents; or
(B) A parent and household dependents.
(13) Household dependent--An individual living in the
household who is:
(A) an adult considered a dependent of the parent for
income tax purposes;
(B) a child of a teen parent; or
(C) a child or other minor living in the household
who is the responsibility of the parent.
(14) Improper payments--Any payment of Child Care Development
Fund (CCDF) grant funds that should not have been made or that was
made in an incorrect amount (including overpayments and underpayments)
under statutory, contractual, administrative, or other legally applicable
requirements governing the administration of CCDF grant funds and
includes payments:
(A) to an ineligible recipient;
(B) for an ineligible service;
(C) for any duplicate payment; and
(D) for services not received.
(15) Job training program--A program that provides
training or instruction leading to:
(A) basic literacy;
(B) English proficiency;
(C) an occupational or professional certification or
license; or
(D) the acquisition of technical skills, knowledge,
and abilities specific to an occupation.
(16) Listed family home--A family home, other than
the eligible child's own residence, that is listed, but not licensed
or registered with, CCR pursuant to Texas Human Resources Code, §42.052(c).
(17) Military deployment--The temporary duty assignment
away from the permanent military installation or place of residence
for reserve components of the single military parent or the dual military
parents. This includes deployed parents in the regular military, military
reserves, or National Guard.
(18) Parent--An individual who is responsible for the
care and supervision of a child and is identified as the child's natural
parent, adoptive parent, stepparent, legal guardian, or person standing
in loco parentis (as determined in accordance with Commission policies
and procedures). Unless otherwise indicated, the term applies to a
single parent or both parents.
(19) Protective services--Services provided when a
child:
(A) is at risk of abuse or neglect in the immediate
or short-term future and the child's family cannot or will not protect
the child without Texas Department of Family and Protective Services
(DFPS) Child Protective Services (CPS) intervention;
(B) is in the managing conservatorship of DFPS and
residing with a relative or a foster parent; or
(C) has been provided with protective services by DFPS
within the prior six months and requires services to ensure the stability
of the family.
(20) Provider--A provider is defined as a:
(A) regulated child care provider;
(B) relative child care provider; or
(C) listed family home subject to the requirements
in §809.91(e) of this chapter.
(21) Regulated child care provider--A provider caring
for an eligible child in a location other than the eligible child's
own residence that is:
(A) licensed by CCR;
(B) registered with CCR; or
(C) operated and monitored by the United States military
services.
(22) Relative child care provider--An individual who
is at least 18 years of age and is, by marriage, blood relationship,
or court decree, the child's:
(A) grandparent;
(B) great-grandparent;
(C) aunt;
(D) uncle; or
(E) sibling (if the sibling does not reside in the
same household as the eligible child).
(23) Residing with--Unless otherwise stipulated in
this chapter, a child is considered to be residing with the parent
when the child is living with, and physically present with, the parent
during the time period for which child care services are being requested
or received.
(24) Teen parent--A teen parent (teen) is an individual
18 years of age or younger, or 19 years of age and attending high
school or the equivalent, who has a child.
(25) Texas Rising Star program--A quality-based rating
system of child care providers participating in Commission-subsidized
child care.
(26) Texas Rising Star provider--A regulated child
care provider meeting the Texas Rising Star program standards. Texas
Rising Star providers are:
(A) designated as an Entry Level Provider;
(B) certified as a Two-Star Provider;
(C) certified as a Three-Star Provider; or
(D) certified as a Four-Star Provider.
(27) Working--Working is defined as:
(A) activities for which one receives monetary compensation
such as a salary, wages, tips, and commissions;
(B) participation in Choices or Supplemental Nutrition
Assistance Program Employment and Training (SNAP E&T) activities;
or
(C) engaging in job search at the time of eligibility
determination or redetermination as described in §809.56 of this
chapter.
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| Source Note: The provisions of this §809.2 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective February 16, 2015, 40 TexReg 708; 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 8, 2019, 44 TexReg 114; amended to be effective January 25, 2021, 46 TexReg 593; amended to be effective October 3, 2022, 47 TexReg 6437 |
