table of contents

Chapter One.General Provisions

PURPOSE OF THE CHILD CARE RULES......
DEFINITIONS ......
WAIVER REQUESTS ...... / 3
4
9

Chapter Two.General Management

BOARD RESPONSIBILITIES ......
BOARD PLAN FOR CHILD CARE SERVICES......
BOARD POLICIES FOR CHILD CARE SERVICES......
COORDINATION OF CHILD CARE SERVICES......
PROMOTING CONSUMER EDUCATION......
QUALITY IMPROVEMENT ACTIVITIES......
LEVERAGING LOCAL RESOURCES......
MAINTENANCE OF A WAITING LIST......
ASSESSING THE PARENT SHARE OF COST......
MAXIMUM PROVIDER REIMBURSEMENT RATES......
DETERMINING THE AMOUNT OF THE PROVIDER REIMBURSEMENT...... / 10
11
12
17
19
22
27
30
31
35
40

CHAPTER THREE.eligibility for child care services

A Child's General Eligibility for Child Care Services......
Eligibility Verification, Determination, and Redetermination......
Priority for Child Care Services......
Calculating Family Income......
Choices Child Care......
Temporary Assistance for Needy Families Applicant Child Care......
Supplemental Nutrition Assistance Program Employment and Training Child Care. . .
Transitional Child Care......
Child Care for Children Receiving or Needing Protective Services......
At-Risk Child Care......
Child Care during Interruptions in Work, Education, or Job Training......
Child Care for Children Experiencing Homelessness......
Child Care for Children Served by Special Projects......
Continuity of Care......
Process for Determining Eligibility ...... / 42
47
48
52
54
56
58
59
61
64
73
76
79
80
82

CHAPTER FOUR. PARENT RIGHTS AND RESPONSIBILITIES

Parent Rights......
Parent Eligibility Documentation Requirements......
Parent Reporting Requirements......
Parent Appeal Rights......
Child Care during Appeal......
Attendance Standards and Reporting Requirements...... / 88
89
90
92
93
94

CHAPTER FIVE.REQUIREMENTS TO PROVIDE CHILD CARE

Minimum Requirements for Providers......
Provider Responsibilities and Reporting Requirements......
Provider Reimbursement......
Providers Placed on Corrective or Adverse Action by the Texas Department of Family and Protective Services......
Provider Automated Attendance Agreement......
Review of Attendance by Providers ......
Reimbursement for Unreported Attendance ......
Penalties for Misuse of the CCAA System ...... / 97
102
104
109
113
114
115
116

CHAPTER SIX.FRAUD FACT-FINDING AND IMPROPER PAYMENTS

General Fraud Fact-Finding Procedures......
Suspected Fraud......
Action to Prevent or Correct Suspected Fraud......
Failure to Comply with Commission Rules and Board Policies......
Corrective Adverse Actions......
Recovery of Improper Payments to a Provider or Parent...... / 117
120
122
123
124
126

CHAPTER SEVEN.TEXAS RISING STAR PROGRAM

Short Title and Purpose......
Eligibility for the TRS Program......
Impact of Certain Deficiencies on TRS Certification......
Application and Assessments for the TRS Program......
Minimum Qualifications for TRS Assessors and Mentors......
TRS Process for Reconsideration...... / 127
129
130
131
132
136

CHAPTER 1: GENERAL PROVISIONS.

SECTION: 1.1.PURPOSE OF THE CHILD CARE RULES.

TWC Child Care Rules:§809.1.Short Title and Purpose.

TWC Policy Issuances: N/A

Effective Date:10/1/16

1.1.BOARD POLICY. The purpose of the child care rules is to interpret and implement the requirements of state and federal statutes and regulations governing child care and quality improvement activities funded through the Texas Workforce Commission (Commission, TWC).

  1. Child Care Services Funding Sources. Funding sources include:

1.The Child Care and Development Fund (federal)

2.State General Revenue (State)

  1. The Child Care and Development Fund (CCDF), which includes:
  1. funds allocated to local workforce development areas (workforce areas) by TWC;
  2. private donated funds;
  3. public transferred funds;
  4. public certified expenditures; and
  5. funds used for children receiving protective services.

C.Other funding sources.All other funds that are used for child care services allocated toworkforce areas as described in Chapter 800 of the Texas Administrative Code.

  1. Application of the Rules. The rules shall apply to the TWC, the Board, CCS, child care providers, and parents applying for or eligible to receive child care services.
  1. Application of Board Child Care Policies. The Board’s child care policies shall apply to Board and CCS staff, CCS child care providers, and parents receiving CCS child care subsidies.

SECTION: 1.2. DEFINITIONS.

TWC Child Care Rules:§809.2. Definitions; §800.58; §809.17(b)(1); §809.17(b)(2); §809.17(b)(3); §809.49; Chapter 800.

TWC Policy Issuances:WD 11-07 Definition of Parent under the New Child Care Services Rules and Determining In Loco Parentis

Effective Date:10/1/ 2016

1.2 BOARD POLICY.DEFINITION MEANINGS. The following words and termshave the following meanings, unless the context clearly indicates otherwise.

  1. Abuse—The intentional, wrongful, or improper use or destruction of state resources, or a seriously improper practice that does not involve prosecutable fraud. Abuse may include misapplication or misuse of public resources.
  1. Attending a job training or educational program--An individual is attending a job training or educational program if the individual:
  1. is considered by the program to be officially enrolled;
  2. meets all attendance requirements established by the program; and
  3. is making progress toward successful completion of the program as determined by the Board upon eligibility redetermination as described in TWC §809.42(b).
  4. LOCAL BOARD POLICY. The Board considers a parent attending a job training or educational program to be “successfully completing” that program if the training institution allows continued participation in the program the next successive “semester”, “quarter” or other identified time-block of the program.
  1. Beyond a reasonable doubt evidence standard--The highest standard used for the burden of proof in American jurisprudence and typically one that only applies in criminal proceedings. In negative terms, the standard is met if there is no plausible reason to believe otherwise. If there is a real doubt, based upon reason and common sense after careful and impartial consideration of all the evidence, or lack of evidence, in a case, then this standard has not been met.
  1. Child--An individual who meets the general eligibility requirements contained in this chapter for receiving child care services.
  1. Child care contractor--The entity or entities under contract with the Board to manage child care services, also known as CCS. This includes contractors involved in determining eligibility for child care services, contractors involved in the billing and reimbursement process related to child care subsidies, as well as contractors involved in the funding of quality improvement activities as described in TWC §809.16.
  1. Child care services--Child care subsidies and quality improvement activities funded by the Commission.
  1. Child care subsidies--Commission-funded child care reimbursements to an eligible child care provider for the direct care of an eligible child.
  1. Child experiencing homelessness--A child who is homeless as defined in the McKinney-Vento Act (42 U.S.C. 11434(a)), Subtitle VII-B, §725.
  1. McKinney-Vento Homeless Assistance Act.The McKinney-Vento Homeless Assistance Act (McKinney-Vento) is the federal legislation that deals with education for homeless children and youth. McKinney-Vento includes collaboration and coordination with various entities including, but not limited to, child development programs, preschools, Head Start programs, local education agencies (LEAs), and public education programs.
  1. McKinney-Vento Definition:McKinney-Vento defines homeless children and youth as individuals who lack a fixed, regular, and adequate nighttime residence.
  1. 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.
  1. Clear and convincing evidence standard - - A higher standard carrying a greater burden of persuasion than the preponderance of the evidence standard. Clear and convincing proof means that the evidence presented by a party must be highly and substantially more probable to be true than not and the fact-finder must have a firm conviction of its factuality.
  1. Educational program--A program that leads to:
  1. a high school diploma;
  2. a General Educational Development (GED) credential; or
  3. a postsecondary degree from an institution of higher education.
  1. 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:
  1. two individuals, married--including by common-law, and household dependents; or
  2. a parent and household dependents.
  1. Fraud—An individual commits fraud if, to obtain or increase a benefit or other payment, either for the individual or another individual, the individual:
  2. makes a false statement or representation, knowing it to be false; or
  3. knowingly fails to disclose a material fact.
  1. Household dependent--An individual living in the household who is one of the following:
  1. An adult considered as a dependent of the parent for income tax purposes;
  2. A child of a teen parent; or
  3. A child or other minor living in the household who is the responsibility of the parent.
  1. Improper payments--Any payment of 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:
  1. to an ineligible recipient;
  2. for an ineligible service;
  3. for any duplicate payment; and
  4. for services not received.
  1. Job training program--A program that provides training or instruction leading to:
  1. basic literacy;
  2. English proficiency;
  3. an occupational or professional certification or license; or
  4. the acquisition of technical skills, knowledge, and abilities specific to an occupation.
  1. Listed family home--A family home, other than the eligible child's own residence, that is listed, but not licensed or registered with, the Texas Department of Family and Protective Services (DFPS) pursuant to Texas Human Resources Code §42.052(c).
  1. 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.
  1. 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.
  1. Predication—The justification for opening a potential fraud case.
  1. Preponderance of the evidence standard—A standard that is met if the proposition is more likely to be true than not true; that is, an allegation is found to be “more probable than not.”
  1. Program Integrity Reporting Tracking System (PIRTS)—A tool for Board use in reporting and tracking child care fact-finding, fraud determinations, and recoupments.
  1. Protective services—Service’s provided when:
  1. a child is at risk of abuse or neglect in the immediate or short-term future and thechild's family cannot or will not protect the child without DFPS Child ProtectiveServices (CPS) intervention;
  2. a child is in the managing conservatorship of DFPS and residing with a relative or a foster parent; or
  3. a child has been provided with protective services by DFPS within the prior six months and requires services to ensure the stability of the family.
  1. Provider--A provider is defined as:
  1. a regulated child care provider as defined in §809.2(18);
  2. a relative child care provider as defined in §809.2(19); or
  3. a listed family home as defined in §809.2(13), subject to the requirements in §809.91(b).
  1. Regulated child care provider--A provider caring for an eligible child in a location other than the eligible child's own residence that is:
  1. licensed by DFPS;
  2. registered with DFPS;
  3. Licensed by the Texas Department of State Health Services as a youth day camp (until September 30, 2017); or
  4. operated and monitored by the United States military services.
  1. Relative child care provider--An individual who is at least 18 years of age, and is, by marriage, blood relationship, or court decree, one of the following:
  1. The child's grandparent;
  2. The child's great-grandparent;
  3. The child's aunt;
  4. The child's uncle; or
  5. The child's sibling (if the sibling does not reside in the same household as the eligible child).
  1. Residing with--Unless otherwise stipulated, 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.
  1. Theft—The unlawful appropriation of property with the intent to deprive the owner of that property.
  1. 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.
  1. Texas Rising Star program--A voluntary, quality-based rating system of child care providers participating in Texas Workforce Commission/Board-subsidized child care.
  1. Texas Rising Star Provider--A provider certified as meeting the TRS program standards. TRS providers are certified as one of the following:
  1. 2-Star Program Provider;
  2. 3-Star Program Provider; or
  3. 4-Star Program Provider.
  1. Waste—Any practice that a reasonably prudent person would deem careless or that allows for inefficient use of resources, items, or services. Waste includes incurring unnecessary costs because of inefficient or ineffective practices, systems, or controls.
  1. Working--Working is defined as:
  1. activities for which one receives monetary compensation such as a salary, wages, tips, and commissions; or
  2. participation in Choices or Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) activities.

SECTION: 1.3. WAIVER REQUESTS.

TWC Child Care Rules: §809.3.Waiver Request.

TWC Policy Issuances: N/A

Effective Date:10/1/ 2016

1.3.BOARD POLICY.TWC/the Board may waive child care rules as follows:

  1. Upon request from a person directly affected by the rules;
  2. If it determines that the waiver benefits a parent, the child care contractor, or a provider; and
  3. When TWC/Board determines that the waiver does not harm child care or violate state or federal statutes or regulations.
  4. Eligibility.Prior to submitting a waiver request to the TWC, the Contractor must have determined that the child meets minimum eligibility qualifications (see §809.41(a)).

CHAPTER 2: GENERAL MANAGEMENT.

SECTION: 2.1. BOARD RESPONSIBILITIES.

TWC Child Care Rules:§809.11. Board Responsibilities.

TWC Policy Issuances: N/A

Effective Date: 10/1/16

2.1 BOARD POLICY.The Board shall be responsible for the administration of child care in a manner consistent with Texas Government Code, Chapter 2308, as amended and related provisions under Chapter 801 of this title (relating to Local Workforce Development Boards).

  1. Access. The Board shall ensure that access to child care services shall be available through all Texas Workforce Centers within a workforce area.
  1. Services.Child care services are support services for workforce employment, job training, and services under Texas Government Code, Chapter 2308 and Chapter 801 of the TWC Administrative Rules.
  1. Records Requests.Upon request, the Board and the Contractor shall provide the Texas Workforce Commission with access to child care administration records and submit related information for review and monitoring, pursuant to the TWC rules and policies.

SECTION: 2.2. BOARD PLAN FOR CHILD CARE SERVICES.

TWC Child Care Rules: §809.12. Board Plan for Child Care Services.

Effective Date: 10/1/16

2.2.BOARD POLICY. The Board shall, as part of its Texas Workforce Development Board Plan (Board plan), develop, amend, and modify the Board plan to incorporate and coordinate the design and management of the delivery of child care services with the delivery of other workforce employment, job training, and educational services identified in Texas Government Code §2308.251 et seq., as well as other workforce training and services included in the One-Stop Service Delivery Network.

  1. Policy Goals. The goal of the Board plan is to coordinate workforce training and services, to leverage private and public funds at the local level, and to fully integrate child care services for low-income families with the network of workforce training and services under the administration of the Boards.
  1. Maximize Availability of Child Care Services.The Board shall design and manage the Board plan to maximize the delivery and availability of safe and stable child care services that assist families seeking to become independent from, or who are at risk of becoming dependent on, public assistance while parents are either working or attending a job training or educational program.

SECTION: 2.3. BOARD POLICIES FOR CHILD CARE SERVICES.

TWC Child Care Rule: §809.13. Board Policies for Child Care Services.

Effective Date:10/1/ 2016

2.3. BOARD POLICY.The Board shall develop, adopt, and modify its policies for the design and management of the delivery of child care services in a public process in accordance with the Texas Workforce Commission Program Rules, Chapter 802, Integrity of the Texas Workforce System. The Board shall maintain written copies of the policies that are required by federal and state law, or as requested by the Texas Workforce Commission (TWC, the Commission), and make such policies available to the Commission and the public upon request.

  1. TWC Required Board Policies.
  1. Successful Completion ofa Job Training or Educational Program: How the Board determines that the parent is making progress toward successful completion of a job training or educational program as described in §809.2(1).

1.1.BOARD POLICY: The Contractor shall consider a parent/caretaker to be making progress toward successful completion of a job training or educational program (as described in §809.2(1) if the job training program or educational program allows the parent/caretaker to reenroll during subsequent semesters or time periods of activity as defined by the institution.

  1. Maintenance ofa Waiting List.The Contractor shall maintain a waiting list as described in Texas Workforce Commission Child Care Program Rules, §809.18(b).

2.1.BOARD POLICY: The Contractor shall establish procedures for Board approval for the maintenance of a waiting list that includes, at a minimum:

2.1.1.the process for determining that the parent is potentially eligible for child care services before placing the parent on the waiting list; and

2.1.2.purging the Waiting List of old information at a minimum, every 180 days.