The terms used in this division have the following meanings:
(1) Exempt program--A child-care program that is exempt
from or otherwise not subject to regulation as a child-care operation
by the Texas Health and Human Services Commission (HHSC) under Chapter
42, Texas Human Resources Code (HRC), and Chapter 745, Subchapter
C of this title (relating to Operations that are Exempt from Regulation).
(2) Unlawfully present individual--An individual who
is neither a citizen nor has a right to be present in the United States
under the Immigration and Nationality Act or accompanying regulations
or decisions, who is in the custody of the federal government. This
term includes a child who has no lawful immigration status in the
United States and:
(A) With respect to whom, there is no parent or legal
guardian in the United States, or no parent or legal guardian in the
United States available to provide care and physical custody, as described
in 6 U.S. Code §279(g)(2); or
(B) Who is detained with a parent or other adult family
member who is not lawfully present in the United States.
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