subchapter a. general provisions §809.1....

Chapter 809 CHILD CARE SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

§809.1. Short Title and Purpose

(a) The rules contained in this chapter may be cited as the Child Care Rules.

(b) The purpose of these 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), to include:

(1) the Child Care and Development Fund (CCDF), which includes:

(A) funds allocated to local workforce development areas (workforce areas) as provided in

§800.58 of this title;

(B) private donated funds described in §809.17(b)(1);

(C) public transferred funds described in §809.17(b)(2);

(D) public certified expenditures described in §809.17(b)(3); and

(E) funds used for children receiving protective services described in §809.49.

(2) other funds that are used for child care services allocated to workforce areas under Chapter 800

of this title.

(c) The rules contained in this chapter shall apply to the Commission, Local Workforce Development

Boards (Boards), their child care contractors, child care providers, and parents applying for or

eligible to receive child care services.

The provisions of this new §809.1 adopted to be effective January 29, 2007, as published in the Texas

Register, January 26, 2007, 32 TexReg 336.

§809.2. Definitions

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 considered to be 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 determined by the

Board.

(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

subsidies, as well as contractors involved in the funding of quality improvement activities as

described in §809.16.

(4) Child care services -- Child care subsidies and quality improvement activities funded by the

Commission.

(5) Child care subsidies -- Commission-funded child care reimbursements to an eligible child care

provider for the direct care of an eligible child.

(6) Child with disabilities -- A child who is mentally or physically incapable of performing routine

activities of daily living within the child's typical chronological range of development. A

child is considered mentally or physically incapable of performing routine activities of daily

living if the child requires assistance in performing tasks (major life activity) that are within

the typical chronological range of development, including but not limited to, caring for

oneself; performing manual tasks; walking; hearing; seeing, speaking, breathing; learning;

and working.

(7) Educational program -- A program that leads to:

(A) a high school diploma;

(B) a General Educational Development (GED) credential; or

(C) a postsecondary degree from an institution of higher education.

(8) Family -- The unit composed of a child eligible to receive child care services, the parents of

that child, and household dependents.

(9) Household dependent -- An individual living in the household who is one of the following:

(A) An adult considered as 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.

(10) Improper payments -- Payments to a provider or Board's child care contractor for goods or

services that are not in compliance with federal or state requirements or applicable contracts.

(11) 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.

(12) 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).

(13) 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 of a child enrolled in child care services. This includes deployed parents

in the regular military, military reserves, or National Guard.

(14) 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.

(15) Protective services -- Services provided when:

(A) a child 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 DFPS Child Protective Services

(CPS) intervention;

(B) a child is in the managing conservator ship of DFPS and residing with a relative or a

foster parent; or

(C) 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.

(16) Provider -- A provider is defined as:

(A) a regulated child care provider as defined in §809.2(17);

(B) a relative child care provider as defined in §809.2(18); or

(C) a listed family home as defined in §809.2(12), subject to the requirements in §809.91(b).

(17) 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 DFPS;

(B) registered with DFPS;

(C) licensed by the Texas Department of State Health Services as a youth day camp; or

(D) operated and monitored by the United States military services.

(18) 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:

(A) The child's grandparent;

(B) The child's great-grandparent;

(C) The child's aunt;

(D) The child's uncle; or

(E) The child's sibling (if the sibling does not reside in the same household as the eligible

child).

(19) Residing with -- A child is considered to be residing with the parent when the child's primary

place of residence is the same as the parent's primary place of residence.

(20) 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.

(21) Working -- Working is defined as:

(A) activities for which one receives monetary compensation such as a salary, wages, tips,

and commissions;

(B) job search activities (subject to the requirements in §809.41(d)); or

(C) participation in Choices or Food Stamp Employment and Training (FSE&T) activities.



WSBVB Policy Updated 4/2007

The WSBVB will not allow providers who have been excluded from participation in the Child and Adult

Care Food Program to become contracted with CCS.

Care in Licensed Facilities:

Parents have the option to establish Self Arranged Child Care (SACC) with day care centers, group day

homes, or registered family homes that are not contracted with CCS. The facility must be licensed or

registered and will be regulated and monitored by DFPS.

Care with Direct Relatives:

Parents may also choose to establish child care with a direct relative of the child as outlined in the above

policy. In-home child care is not contracted with CCS: however, the CCS Contractor is required to monitor

this form of self-arranged care. Parents choosing this form of self-arranged child care must provide

documentation proving the relationship between the child and the chosen provider. Relative child care

providers shall not reside in the same household as the eligible child unless subject to the requirements in

809.91 subsection (e). An individual appearing on the Texas Department of Public Safety’s Sex Offender

Registry, shall not be eligible to be a relative child care provider.

The CCS contractor must specify the days and hours being authorized for SACC.

Contracts:

When the contract of a Self-Arranged Child Care provider is not renewed or is terminated due to non-

compliance with DFPS child care facility licensing requirements in the areas of safety and health, the

program clients will not be permitted to self-arrange care with that Licensed or Registered facility.

§809.3. Waiver Request

(a) The Commission may waive child care rules upon request from a person directly affected by the

rules, if it determines that the waiver benefits a parent, child care contractor, or provider, and the

Commission determines that the waiver does not harm child care or violate state or federal statutes

or regulations.

(b) Prior to submitting a waiver request to the Commission, the child must have been determined by the

Board's child care contractor to meet the minimum qualifications set forth in §809.41(a).




The child care contractor obtains clarification, waivers or variances regarding administrative compliance

from the WSBVB. If the CCS contractor can meet the intent of the rule or procedure, the CCS contractor

may request a waiver of the WSBVB. A waiver could allow the CCS contractor Provider to:

Meet the requirement in a different way

Waive the rule or procedure because of extenuating circumstances.

CCS contractor should send written requests for waivers to the CCS WSBVB.

The request should include:

The reason for the request,

The rule/policy which requires an exception

The instance which warrants the request and

The outcome should the waiver be provided.

The CCS contractor will forward waiver requests to the WSBVB CCS contract manager for approval. The

contract manager will notify the CCS contractor of the decisions and of any action required due to the

request.

An individual who does not meet the definition of a parent in 809.2(14) and is denied child care services

based solely on that determination may submit a waiver request to the Commission.

Waiver request must be signed and submitted in writing by the individual who has been denied child care

services, to the CCS contractor. At a minimum the waiver request must include the following:

Name of the individual requesting the waiver;

Individual’s contact information(address);

Individual relationship to the child or children;

Name of the child or children for whom the waiver is requested;

Brief description of the reason for the waiver request;

Documentation verifying the reason the parent is unavailable to care for the child;

Documentation verifying that the individual requesting the waiver is responsible for the child; and

Verification that the child is otherwise eligible to receive child care services.

The CCS contractor will forward the request to the Board who will then submit the request to the

Commission for review.

To determine whether an individual is standing in loco parentis the CCS contractor must ensure that the

individual meets the documentation requirements set forth in the chart below.

SUBCHAPTER B. GENERAL MANAGEMENT

§809.11. Board Responsibilities

(a) A 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).

(b) A Board shall ensure that access to child care services shall be available through all Texas

Workforce Centers within a workforce area.

(c) Child care services are support services for workforce employment, job training, and services under

Texas Government Code, Chapter 2308 and Chapter 801 of this title.

(d) Upon request, a Board shall provide the Commission with access to child care administration

records and submit related information for review and monitoring, pursuant to Commission rules

and policies.



WSBVB Guideline WSBVB Integrated Plan:

The WSBVB has developed an integrated plan which incorporates WSBVB goals and objectives into a

comprehensive, region-wide tool for services. The plan includes child care needs and resources within the

Brazos Valley as well as references how CCS will be made available within the Workforce system. Local

WSBVB policy incorporates CCS into the Workforce system.

CCS Rules and Guidelines:

The CCS contractor will be responsible for providing service per the CCS Rules and Guidelines.

Additionally, because of the streamlined Workforce Center System, any applicable policy approved by the

WSBVB should be incorporated within the timeline provided. The procedures are subject to the approval of

the WSBVB. Technical assistance regarding the policy will be provided upon request.

Financial Manuals:

The Brazos Valley Council of Governments (BVCOG) financial manual and the TWC Financial Manual

(FMGC) should be followed as well. The CCS contractor must develop and maintain and implement

written procedures which comply with WSBVB policy for

human resources,

contract administration,

direct delivery of child care services,

fiscal management,

records and management,

reporting,

property management, and

procurement.

§809.12. Board Plan for Child Care Services

(a) A 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.

(b) 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.

(c) Boards 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.



§809.13. Board Policies for Child Care Services

(a) A 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 Chapter 801 of this title.

(b) A Board shall maintain written copies of the policies that are required by federal and state law, or as

requested by the Commission, and make such policies available to the Commission and the public

upon request.

(c) A Board shall also submit any modifications, amendments, or new policies to the Commission no

later than two weeks after adoption of the policy by the Board.

(d) At a minimum, a Board shall develop policies related to:

(1) 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);

(2) maintenance of a waiting list as described in §809.18(b);

(3) assessment of a parent share of cost as described in §809.19, including the reimbursement of

providers when a parent fails to pay the parent share of cost;

(4) maximum reimbursement rates as provided in §809.20, including policies related to

reimbursement of providers who offer transportation;

(5) family income limits as described in SubchapterC of this chapter (relating to Eligibility for

Child Care Services);

(6) provision of child care services to a child with disabilities up to the age of 19 as described in

§809.41(a)(1)(B);

(7) minimum activity requirements for parents as described in §§809.48, 809.50, and 809.51;

(8) time limits for the provision of child care while the parent is attending an educational program

as described in §809.41(b);

(9) frequency of eligibility re determination as described in §809.42(b)(2);

(10) Board priority groups as described in §809.43(a);

(11) transfer of a child from one provider to another as described in §809.71(b)(2);

(12) provider eligibility for listed family homes as provided in §809.91(b), if the Board chooses to

include listed family homes as eligible providers;

(13) attendance standards and procedures as provided in §809.92(b)(3), including provisions

consistent with §809.54(f) (relating to Continuity of Care for custody and visitation

arrangements);

(14) providers charging the difference between their published rate and the Board's reimbursement

rate as provided in §809.92(d); and

(15) procedures for investigating fraud as provided in §809.111.



§809.14. Coordination of Child Care Services

(a) A Board shall coordinate with federal, state, and local child care and early development programs

and representatives of local governments in developing its Board plan and policies for the design

and management of the delivery of child care services, and shall maintain written documentation of

its coordination efforts.

(b) Pursuant to Texas Education Code §29.158, and in a manner consistent with federal law and

regulations, a Board shall coordinate with school districts, Head Start, and Early Head Start

program providers to ensure, to the greatest extent practicable, that full-day, full-year child care is

available to meet the needs of low-income parents who are working or attending a job training or

educational program.



§809.15. Promoting Consumer Education

(a) A Board shall promote informed child care choices by providing consumer education information to:

(1) parents who are eligible for child care services;

(2) parents who are placed on a Board's waiting list;

(3) parents who are no longer eligible for child care services; and

(4) applicants who are not eligible for child care services.

(b) The consumer education information shall contain, at a minimum:

(1) information about the Texas Information and Referral Network/2-1-1 Texas (2-1-1 Texas)

information and referral system;

(2) the Web site and telephone number of DFPS, so parents may obtain health and safety

requirements including information on:

(A) the prevention and control of infectious diseases (including immunizations);

(B) building and physical premises safety;

(C) minimum health and safety training appropriate to the provider setting; and

(D) the regulatory compliance history of child care providers;

(3) a description of the full range of eligible child care providers set forth in §809.91; and

(4) a description of programs available in the workforce area relating to school readiness and

quality rating systems, including:

(A) school readiness models developed by the State Center for Early Childhood

Development at the University of Texas Health Science Center (State Center); and

(B) Texas Rising Star Provider criteria.

(c) A Board shall cooperate with the Texas Health and Human Services Commission (HHSC) to

provide 2-1-1 Texas with information, as determined by HHSC, for inclusion in the statewide

information and referral network.



WSBVB Guideline: Consumer Guide Requirement

The Child Care Services Contractor will prepare an updated consumer guide monthly. The guide will

detail whether each provider:

1. is licensed by or registered with the Texas Department of Protective and Regulatory

Services;

2. has met the Texas Rising Star criteria (formerly known as the Designated Provider

criteria) as established by the Commission;

3. has submitted proof of appropriate commercial transportation insurance.

The WSBVB may add requirements to the consumer guide. The guide is available to all clients at time of

initial eligibility determination. Parents should be encouraged to use the guide to assist in choosing a

facility for their children.

§809.16. Quality Improvement Activities Updated 4/2010

(a) Child care funds allocated by the Commission pursuant to its allocation rules (generally, Chapter

800, General Administration, Subchapter B, Allocation and Funding, and specifically §800.58,

including local public transferred funds and local private donated funds, as provided in §809.17, to

the extent they are used for non direct care quality improvement activities, shall be used only for

the following:

(1) Collaborative reading initiatives;

(2) School readiness, early learning, and literacy; or

(3) Local-level support to promote child care consumer education provided by 2-1-1 Texas.

(b) Allowable activities to support the quality improvement activities described in subsection (a) of this

section may include the following:

(1) Professional development and training for child care providers; or

(2) Purchase of curriculum and curriculum-related support resources for child care providers.

(c) Activities in subsection (a) of this section maybe designed to meet the needs of children in any age

group eligible for Commission-funded child care, as well as children with disabilities.

(d) In funding quality improvement activities allowable under this section, a Board may give priority to

child care facilities:

(1) participating in the integrated school readiness models developed by the State Center;

(2) implementing components of school readiness curricula as approved by the State Center; or

(3) participating in or voluntarily pursuing participation in Texas Rising Star Provider

Certification, pursuant to Texas Government Code §2308.316.

(e) Expenditures certified by a public entity, as provided in §809.17(b)(3), may include expenditures for

any quality improvement activity described in 45 C.F.R. §98.51.



WSBVB Guideline: Quality Improvements Activities

Providers may volunteer to participate in a plan to improve the quality of their services by meeting program

criteria that exceed the minimum standards for child care centers. The criteria require smaller group sizes,

more qualified staff, and program components that address sound practices for the development of children.

Providers who meet TWC’s Voluntary Program Criteria for Texas Rising Star Provider (TRSP) qualify:

For additional staff training opportunities through the Child Care system;

For additional resources available through the Child Care system; and

To provide child care for Child Protective Services (CPS) clients.

CPS requires that certain CPS-referred children be placed with TRSPs, except for certain circumstances

covered by waivers. Parents of non-CPS children may request that their children be placed with TRSPs.

The Workforce Solutions Brazos Valley Board (WSBVB) will follow all Texas Rising Star (TRS)

guidelines established by the Texas Workforce Commission (TWC) in evaluating child care facilities for

TRS provider status. TRS providers will be determined annually, or as funding is appropriate to

compensate TRS providers with the increased provider rate. The WSBVB will utilize the current DFPS

regulations to assess and determine how often a child care facility will be inspected and the guidelines and

regulations for inspection. The TRS provider certification eligibility screening process will reflect the

DFPS weighted risk-level assessment system. The WSBVB will use TWC TRS Provider Certification

Prescreening Forms in addition to basic eligibility criteria for TRS provider certification. All WSBVB

providers eligible for TRS provider certification must be in good standing with the WSBVB and DFPS

provider and licensing regulations, are not currently under investigation for fraudulent activities, and are

not current under a corrective action plan with the WSBVB.

§809.17. Leveraging Local Resources

(a) Leveraging Local Funds.

(1) The Commission encourages Boards to secure local public and private funds for the purpose of

matching federal funds in order to maximize resources for child care needs in the community.

(2) A Board is encouraged to secure additional local funds in excess of the amount required to

match federal funds allocated to the Board in order to maximize its potential to receive

additional federal funds should they become available.

(3) A Board's performance in securing and leveraging local funds for match may make the Board

eligible for incentive awards.

(b) The Commission accepts the following as local match:

(1) Funds from a private entity that:

(A) are donated without restrictions that require their use for:

(i) a specific individual, organization, facility, or institution; or

(ii) an activity not included in the CCDF State Plan or allowed under this chapter;

(B) do not revert back to the donor's facility or use;

(C) are not used to match other federal funds; and

(D) are certified by both the donor and the Commission as meeting the requirements of

subparagraphs (A)–(C) of this paragraph.

(2) Funds from a public entity that:

(A) are transferred without restrictions that would require their use for an activity not

included in the CCDF State Plan or allowed under this chapter;

(B) are not used to match other federal funds; and

(C) are not federal funds, unless authorized by federal law to be used to match other federal

funds.

(3) Expenditures by a public entity certifying that the expenditures:

(A) are for an activity included in the CCDF State Plan or allowed under this chapter;

(B) are not used to match other federal funds; and

(C) are not federal funds, unless authorized by federal law to be used to match other federal

funds.

(c) A Board shall submit private donations, public transfers, and public certifications to the Commission

for acceptance, with sufficient information to determine that the funds meet the requirements of

subsection (b) of this section.

(d) Completing Private Donations, Public Transfers, and Public Certifications.

(1) A Board shall ensure that:

(A) private donations of cash and public transfers of funds are paid to the Commission; and

(B) public certifications are submitted to the Commission.

(2) Private donations and public transfers are considered complete when the funds have been

received by the Commission.

(3) Public certifications are considered complete to the extent that a signed written instrument is

delivered to the Commission that reflects that the public entity has expended a specific

amount of funds on eligible activities described in subsection (b)(3) of this section.

(e) A Board shall monitor the funds secured for match and the expenditure of any resulting funds to

ensure that expenditures of federal matching funds available through the Commission do not

exceed an amount that corresponds to the private donations, public transfers, and public

certifications that are completed by the end of the program year.




The WSBVB, in order to leverage all available resources for child care needs in the Brazos Valley, will

secure local, public, and private funds for the match to the extent possible. WSBVB advertises the

opportunity to utilize additional child care funds based upon local match via certified, transfer, or donation

agreements. The WSBVB may enter into agreements with school districts, private businesses, or other

eligible parties based on local needs each year.

§809.18. Maintenance of a Waiting List

(a) A Board shall ensure that a list of parents waiting for child care services, because of the lack of

funding or lack of providers, is maintained and available to the Commission upon request.

(b) A Board shall establish a policy for the maintenance of a waiting list that includes, at a minimum:

(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) the frequency in which the parent information is updated and maintained on the waiting list.



WSBVB Policy: Maintaining a Waitlist

The CCS contractor will maintain a waitlist which indicates a lack of funding or provider for all clients

needing child care services. CCS will explain to all waitlisted clients that any information affecting the

family’s eligibility, such as income, family size, or any special needs, must be reported to the CCS

contractor. Clients must update their place on the waitlist every 89 days or risk being dropped from the list.

Clients will also be waitlisted if there are no available providers that meet their child care needs. These

children will be placed when openings become available as long as funding is available.

§809.19. Assessing the Parent Share of Cost

(a) For child care funds allocated by the Commission pursuant to its allocation rules (generally, Chapter

800, General Administration, Subchapter B, Allocation and Funding, and specifically, §800.58,

Child Care), including local public transferred funds and local private donated funds, as provided

in §809.17, the following shall apply.

(1) A Board shall set a parent share of cost policy that assesses the parent share of cost in a manner

that results in the parent share of cost:

(A) being assessed to all parents, except in instances when an exemption under paragraph

(2) of this subsection applies;

(B) being an amount determined by a sliding fee scale based on the family's size and gross

monthly income, and also may consider the number of children in care; and

(C) not exceeding the cost of care.

(2) 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;

(B) Parents who are participating in FSE&T services; or

(C) Parents who have children who are receiving protective services, unless DFPS assesses

the parent share of cost.

(3) Teen parents who are not covered under exemptions listed in paragraph (2) of this subsection

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(8).

(b) For child care services funded from sources other than those specified in subsection (a) of this

section, a Board shall set a parent share of cost policy based on a sliding fee scale. The sliding fee

scale maybe the same as or different from the provisions contained in subsection (a) of this section.

(c) A Board shall establish a policy regarding reimbursement of providers when parents fail to pay the

parent share of cost.

(d) The Board or its child care contractor may review the assessed parent share of cost for possible

reduction if there are extenuating circumstances that jeopardize a family's self-sufficiency. The

Board or its child care contractor may reduce the assessed parent share of cost if warranted by

these circumstances.

(e) If the parent is not covered by an exemption as specified in subsection (a)(2) 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.




Assessing the Parent’s Share:

The parent’s share will be based on the gross monthly income earned by the family, the family size, and the

number of children receiving child care services. -The parent fee will be a sliding scale that is based on the

Federal Poverty Guidelines and the State Median Income charts and will change each year when the new

charts are released. 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. The

total gross monthly income for a family including a teen parent must not exceed 85% of the state median

income limits.

WFC clients will be assessed a parent share based upon the family’s gross monthly income and the number

of children receiving care at the time of enrollment into childcare. The fee will be determined using

income information supplied by the WFC case manager. Fees are subject to change due to income and/or

household information supplied directly to the CCS contractor. Clients will be notified of all fees and

changes in writing.

WSBVB will not assume liability for payment of delinquent parent fees not paid by those responsible

parents. The child care provider will be responsible for collection of fees or extended arrangements for

payment.

Providers must notify CCS within three days of a parent’s delinquency in paying the parent share. If the

children are still in care with the provider, a payment plan between the parent and CCS may be established.

If the parent leaves the provider or is removed from care, WSBVB will not reimburse the provider if the

parent fails to pay the parent share.

Reductions:

- -When the child only needs part day or after school care the parent share is calculated and then the parent

only pays 50% of the calculated fee. -

Adding Siblings:

When a child who is enrolled in full-time care has a school age sibling who is enrolled in care during the

holidays and school breaks for less than one month, the parent fee remains at the calculated rate. If the

school-age sibling is enrolled in care for more than one month, the parent fee is increased and the school

age only reduction will not be in place until the school age sibling is no longer enrolled for the extended

period.

-

Assessing the Parent Share for Teen Parents:

For children of teen parents, the parent share will be based solely on the teen parent’s income and the size

of the teen’s family as defined in 809.2(8). The income of the teen’s parent’s parents (i.e., the child’s

grandparents, or other household members) must not be included when determining eligibility.

No minimum share of cost is applied if the parent’s income is zero. Imposing a minimum share of cost

would violate the principle of an income-based sliding fee scale.

All parent shares are to be collected by the provider prior to child care services rendered. A parent’s failure

to pay a parent share could result in termination of child care services.

Parents participating in Choices or FSE&T programs or whose care is authorized by DFPS will not be

responsible for a parent share.

§809.20. Maximum Provider Reimbursement Rates

(a) Based on local factors, including a market rate survey provided by the Commission, a Board shall

establish maximum reimbursement rates for child care subsidies to ensure that the rates provide

equal access to child care in the local market and in a manner consistent with state and federal

statutes and regulations governing child care.

(b) A Board shall establish graduated reimbursement rates for:

(1) child care providers participating in integrated school readiness models developed by the State

Center; and

(2) Texas Rising Star Providers pursuant to Texas Government Code §2308.315.

(c) The minimum reimbursement rates established under subsection (b) of this section shall be at least

five percent greater than the maximum rate established for providers not meeting the requirements

of subsection (b) of this section for the same category of care up to, but not to exceed, the

provider's published rate.

(d) A Board or its child care contractor shall ensure that providers who are reimbursed for additional

staff or equipment needed to assist in the care of a child with disabilities are paid a rate up to 190%

of the provider's reimbursement rate for a child of that same age. The higher rate shall take into

consideration the estimated cost of the additional staff needed by a child with disabilities. The

Board shall ensure that a professional, who is familiar with assessing the needs of children with

disabilities, certifies the need for the higher reimbursement rate described in subsection (b) of this

section.

(e) The Board shall determine whether to reimburse providers who offer transportation as long as the

combined total of the provider's published rate, plus the transportation rate, is subject to the

maximum reimbursement rate established in subsection (a) of this section.




Assessing Provider Rates:

Rates to be paid for TWC-funded child care provided through provider agreements are set for each provider

individually based on the provider’s published rate. The provider’s prevalent rates and the rates to be paid

for TWC-subsidized child care are documented in the provider agreement. The provider’s published rate is

converted to a daily rate for the TWC defined age groups. Providers are then assessed and assigned a rate

designator to determine the maximum daily rate amount the provider will be reimbursed. This will also

include various other fees usually charged to parents by the provider, such as enrollment, supply, and

activity fees, but excluding fees for meals. Rate documentation is maintained by the provider and the CCS

contractor in the provider agreement files. Effective October 1, 2008 all providers will be paid by Direct

Deposit or EFT.

Rate Differences:

CCS contracted providers may charge parents, except for those listed below the difference when their

published rate exceeds the maximum reimbursement rate.

Parents participating in Choices,

Parents participating in FSE&T services

Parents who have children who are receiving protective services, unless DFPS assesses the parent

share of cost.

CCS contracted providers may charge the difference between the provider’s published rate and the amount

of the Board’s reimbursement rate whose parent share of cost is calculated to be zero.

Care of a child with disabilities:

The provider may request and be paid a rate up to 190% of the provider’s regular payment rate for children

with disabilities who have a demonstrated need for extra adult assistance, based on an assessment from a

qualified professional.

Reimbursements for Transportation:

Providers offering transportation are identified during provider recruitment and enrollment. The provider

agreement specifies whether the provider offers transportation. If so, it also specifies whether transportation

is paid as a separate rate. Transportation cost is limited to $2.50 per day per child.

Transportation is reimbursed as a separate charge only when authorized by the CCS contractor for children

of parents needing child care transportation to support their work or training efforts.

§809.21. Determining the Amount of the Provider Reimbursement

The actual reimbursement that the Board or the Board's child care contractor pays to the provider shall

be the Board's maximum rate or the provider's published rate, whichever is lower, less the following

amounts:

(1) The parent share of cost assessed and adjusted when the parent share of cost is reduced; and

(2) Any child care funds received by the parent from other public or private entities.



SUBCHAPTER C. ELIGIBILITY FOR CHILD CARE SERVICES

§809.41. A Child's General Eligibility for Child Care Services

(a) Except for a child receiving or needing protective services as described in §809.49, for a child to be

eligible to receive child care services, the child shall:

(1) meet one of the following age requirements:

(A) be under 13 years of age; or

(B) at the option of the Board, be a child with disabilities under 19 years of age; and

(2) reside with:

(A) a family whose income does not exceed the income limit established by the Board,

which income limit must not exceed 85% of the state median income for a family of

the same size; and

(B) parents who require child care in order to work or attend a job training or educational

program.

(b) Notwithstanding the requirements set forth in subsection (c) of this section, a Board shall establish

policies, including time limits, for the provision of child care services while the parent is attending

an educational program.

(c) Time limits pursuant to subsection (b) of this section shall ensure the provision of child care services

for four years, if the eligible child's parent is enrolled in an associate's degree program that will

prepare the parent for a job in a high-growth, high-demand occupation as determined by the Board.

(d) Unless otherwise subject to job search limitations as stipulated in this title, the following shall apply:

(1) For child care funds allocated by the Commission pursuant to its allocation rules (generally,

Chapter 800, General Administration, Subchapter B, Allocation and Funding, and

specifically, §800.58 Child Care), an enrolled child may be eligible for child care services for

four weeks within a federal fiscal year in order for the child's parent to search for work

because of interruptions in the parent's employment.

(2) For child care services funded by the Commission from sources other than those specified in

paragraph (1) of this subsection, child care services during job search activities are limited to

four weeks within a federal fiscal year.




(a) Children living at low incomes are eligible for child care if:

(1) the family income does not exceed the income limit established by the local Board; and

(2) child care is required for the child's parents to participate in a combination of training,

education or employment activities for a minimum of 30 hours per week for a single-parent

family or 55 hours per week for a two-parent family

(3) the parents of the children are receiving temporary cash assistance or Supplemental Security

Income; and

(4) the parents receiving temporary cash assistance have met the Choices requirements as

specified in Chapter 811 of this title, or have been determined by the Board to need child care

to comply with those requirements, if the parents are subject to those requirements. The

Choices families have different participation requirements dependent on the children in the

household. Those with children under the age of 6 are only required to participate a minimum

of 20 hours per week and should only receive part time child care.

(5) A Board may allow a reduction to the requirement in subsection (a)(2) of this section if a

parent's documented medical disability or need to care for a physically or mentally disabled

family member prevents the parent from participating in the activities for the required hours

per week.

(b) For purposes of meeting the education requirements stipulated in subsection (a)(2) of this section,

each credit hour of postsecondary education will count as three hours of education activity per

week.

(c) Any combination of employment, training, or education activities will be

accepted as long at they meet the hours requirements

(d) Job Search Limitations:

For parents participating in Choices, time limits for child care during job search are

provided in 811.27(b) of the Commission’s Choices rules and child care continues as long

as authorized by the Choices case manager.

For parents participating in the Food Stamp Employment and Training (FSE&T) time

limits for child care during job search are provided in 813.31(1)(B) of the Commission’s

FSE&T rules and child care continues as long as authorized by the FSE&T case manager.

Former Temporary Assistance for Needy Families(TANF) recipients who are not

employed when their TANF benefits expire receive up to four weeks of Transitional child

care to allow them to search for work, as required in 809.48(d) of the Commission’s Child

Care Services Rules.

Parents of children currently enrolled in child care may be eligible for continued services

for four weeks with in a federal fiscal year in order for the parents to search for work

when there have been interruptions in their employment. A Federal Fiscal Year is October

1st through September 30

th.

The WSBVB has established income guidelines with which to determine a family’s eligibility for child care

services. The family’s gross monthly income must not exceed 85% of the SMI.

Parents may require child care services in order to participate in training, education or employment

activities. Parents in education activities may receive services for a maximum of four years if working

towards an Associates or Bachelors degree. After exceeding this 4-year period, the parent will be required

to participate in work activity. The combination of work and school per week in a one-parent family must

be a minimum of 30 hours or 55 hours in a 2-parent family.

Employed parents must show the need for child care services during work hours after all other child care

options are exhausted. CCS contractor must document that all other resources for child care have been

exhausted or do not exist.

*Special caveat for summer school...Full time summer school is considered 6 hours of class. Clients

meeting this requirement for the summer session will be considered full time.

§809.42. Eligibility Determination and Verification

(a) A Board shall ensure that its child care contractor verifies eligibility for child care services prior to

authorizing child care.

(b) Eligibility for child care services shall be re determined:

(1) any time there is a change in family income or other information that could affect eligibility to

receive child care services; and

(2) on an established frequency at the Board's discretion.

(c) A Board shall ensure that a public entity certifying expenditures for direct child care as described in

§809.17(b)(3) determines and verifies that the expenditures are for child care provided to an

eligible child. At a minimum, the public entity shall verify that the child:

(1) is under 13 years of age, or at the option of the Board, is a child with disabilities under 19

years of age; and

(2) resides with:

(A) a family whose income does not exceed 85% of the state median income for a family of

the same size; and

(B) a parent who requires child care in order to work or attend a job training or educational

program.




The CCS contractor will provide all parents with a list of required documentation necessary in determining

eligibility. Parents will have 15 days to return all required paperwork needed in determining or re-

determining eligibility at an initial provide, annual recertification, or any case modification requiring

client’s signatures on the documents. The contractor will utilize a tracking mechanism of when paperwork

is due. Any documentation not received, time and date stamped, by the due date could result in the

termination of child care services. A client will maintain the right for an appeal.

The CCS contractor will determine and verify a client’s eligibility for services prior to placing their

children in care. Clients must provide complete data for the 2 consecutive months of employment

verification information for all current occupations, to include pay stubs with income and hours worked.

Eligibility will be re-determined at least every twelve months. A client’s eligibility will also be evaluated

any time there is a change in the family’s gross monthly income or any other factor that may affect their

eligibility. The CCS contract must utilize the WSBVB Guidelines for Required Eligibility Paperwork as

authorized third party verification for employment activities and family status.

WSBVB Required Eligibility Paperwork per Policy §809.42. Eligibility Determination and Verification

Calculating Income:

Client income and work or education hours will be calculated based on the period of two consecutive

months prior to application and/or recertification. The preferred method of verification is client pay stubs.

For clients that recently obtained new employment, a Employment/Wage Verification form completed and

signed by the client’s employer is permitted. The CCS contractor is not required to supply both a

Employment/Wage Verification form and pay stubs for the client with the required two month pay stubs

and hours worked information. Income eligibility for self-employed individuals is available in WD Letter

53-07, stating that the federal minimum wage can be applied to an individual’s self-employed work hours,

if the individual has no alternative means of providing documented income and work hours.

The CCMS subcontractor is required provide at minimum the following documentation in a clients file at

the initial customer intake and each annual recertification:

UI Wage Detail – the CCS subcontractor will utilize the Texas Workforce Commission

Mainframe system to collect the information from the Wage Record Inquiry using the customer(s)

social security number(s). If a self-employed individual does not sufficient employment

information on the UI Wage Detail, the printout will remain a required document to verify the sole

source of employment, and the CCS contractor will refer to WD Letter 53-07 as policy for

calculating a self-employed customers income.

Health and Human Services Commission (HHSC) Service Printout – the CCS subcontractor will

utilize the HHSC portal through the internet to gather this information. Acceptable documents for

a customer’s case file(s) include the TIERS or SAVERR printouts.

The CCS subcontractor will provide the client(s) with the following required forms: Parents

Rights and Responsibilities, also known as the 2400 form, the 2050 form for Child Care

Authorization, and the Client Acknowledgment for Release of Information form for the client(s) to

review. The client(s) must sign and date the following required forms, to be placed in the client

case file: Parents Rights and Responsibilities Acknowledgement agreement, also known as the

2400 form, and the 2050 Child Care Authorization form. Current forms are listed in the Standards

and Guidelines.

Any forms for child care eligibility must have consistent eligibility dates and be sent to the parent

by the CCS subcontractor within five days from the initial date of client’s eligibility to avoid

disallowed costs for the CCS subcontractor. A record of transmitted paperwork sent to the client

or received from the client must be maintained.

The parent must return the signed paperwork within the 15 day period as outlined in the WSBVB

Child Care Policies or be terminated from the child care services program.

§809.43. Priority for Child Care Services

(a) A Board shall ensure that child care services are prioritized among the following three priority

groups:

(1) The first priority group is assured child care services and includes children of parents eligible

for the following:

(A) Choices child care as referenced in §809.45;

(B) Temporary Assistance for Needy Families (TANF) Applicant child care as referenced in

§809.46;

(C) FSE&T child care as referenced in §809.47; and

(D) Transitional child care as referenced in §809.48.

(2) The second priority group is served subject to the availability of funds and includes, in the

order of priority:

(A) children who need to receive protective services child care as referenced in §809.49;

(B) children of a qualified veteran as defined in §801.23 of this title;

(C) children of a foster youth as defined in §801.23 of this title;

(D) children of teen parents as defined in §809.2; and

(E) children with disabilities as defined in §809.2.

(3) The third priority group includes any other priority adopted by the Board.

(b) A Board shall not establish a priority group under subsection (a)(3) of this section based on the

parent's choice of an individual provider or provider type.




The WSBVB will comply with the applicable Federal and State law and rules concerning prioritization and

the length of services to the various client groups as specified in the Board's Rules and Guidelines. In

establishing priority for Intake Service, the CCS contractor must allocate intake staff resources

proportionately among all client groups so that priority for intake services is assured for the following

clients:

(a) A Board shall ensure that child care services are prioritized among the following three priority

groups:

(1) The first priority group is assured child care services and includes children of parents eligible

for the following:

(A) Choices child care as referenced in §809.45;

(B) Temporary Assistance for Needy Families (TANF) Applicant child care as referenced

in §809.46;

(C) FSE&T child care as referenced in §809.47; and

(D) Transitional child care as referenced in §809.48.

(2) The second priority group is served subject to the availability of funds and includes, in the

order of priority:

(A) children who need to receive protective services child care as referenced in §809.49;

(B) children of a qualified veteran as defined in §801.23 of this title;

(C) children of a foster youth as defined in §801.23 of this title;

(D) children of teen parents as defined in §809.2; and

(E) children with disabilities as defined in §809.2.

(3) The third priority group includes any other priority adopted by the Board.

(b) A Board shall not establish a priority group under subsection (a)(3) of this section based on the

parent's choice of an individual provider or provider type

All other clients at risk of becoming dependent on public assistance will be assessed for priority and

enrolled in services based on TWC's employment, education, and training guidelines for self-referred

clients. Board will review previous experience to assure funding availability for priority groups.

Unless there is sufficient funding, only clients from program eligible groups will be served.

§809.44. Calculating Family Income

(a) Unless otherwise required by federal or state law, the family income for purposes of determining

eligibility means the monthly total of the following items for each member of the family (as

defined in §809.2(8)):

(1) Total gross earnings. These earnings include wages, salaries, commissions, tips, piece-rate

payments, and cash bonuses earned.

(2) Net income from self-employment. Net income includes gross receipts minus business-related

expenses from a person's own business, professional enterprise, or partnership, which result in

the person's net income. Net income also includes gross receipts minus operating expenses

from the operation of a farm.

(3) Pensions, annuities, life insurance, and retirement income. This includes Social Security

pensions, veteran's pensions and survivor's benefits and any cash benefit paid to retirees or

their survivors by a former employer, or by a union, either directly or through an insurance

company. This also includes payments from annuities and life insurance.

(4) Taxable capital gains, dividends, and interest. These earnings include capital gains from the

sale of property and earnings from dividends from stock holdings, and interest on savings or

bonds.

(5) Rental income. This includes net income from rental of a house, homestead, store, or other

property, or rental income from boarders or lodgers.

(6) Public assistance payments. These payments include TANF as authorized under Chapters 31 or

34 of the Texas Human Resources Code, refugee assistance, Social Security Disability

Insurance, Supplemental Security Income, and general assistance (such as cash payments

from a county or city).

(7) Income from estate and trust funds. These payments include income from estates, trust funds,

inheritances, or royalties.

(8) Unemployment compensation. This includes unemployment payments from governmental

unemployment insurance agencies or private companies and strike benefits while a person is

unemployed or on strike.

(9) Workers' compensation income, death benefit payments and other disability payments. These

payments include compensation received periodically from private or public sources for on-

the-job injuries.

(10) Spousal maintenance or alimony. This includes any payment made to a spouse or former

spouse under a separation or divorce agreement.

(11) Child support. These payments include court-ordered child support, any maintenance or

allowance used for current living costs provided by parents to a minor child who is a student,

or any informal child support cash payments made by an absent parent for the maintenance of

a minor.

(12) Court settlements or judgments. This includes awards for exemplary or punitive damages,

non economic damages, and compensation for lost wages or profits, if the court settlement or

judgment clearly allocates damages among these categories.

(b) Income to the family that is not included in subsection (a) of this section is excluded in determining

the total family income. Specifically, family income does not include:

(1) Food stamps;

(2) Monthly monetary allowances provided to or for children of Vietnam veterans born with

certain birth defects;

(3) Educational scholarships, grants, and loans;

(4) Earned Income Tax Credit (EITC) and the Advanced EITC;

(5) Individual Development Account (IDA) withdrawals;

(6) Tax refunds;

(7) VISTA and AmeriCorps living allowances and stipends;

(8) Non cash or in-kind benefits received in lieu of wages;

(9) Foster care payments; and

(10) Special military pay or allowances, which include subsistence allowances, housing

allowances, family separation allowances, or special allowances for duty subject to hostile

fire or imminent danger.



WSBVB Guideline: Sources of Income

The WSBVB includes all of the above when calculating a family’s gross monthly income in determining

eligibility for services.

TANF and Social Security Recipients:

Parents receiving TANF payments and participating in the Choices program will not have their payment

included as a source of income. However, if the parent is not participating in the Choices program and

receives TANF, or if they receive TANF payments for a child(ren)living in the household, then these

monies will be counted in the family’s total monthly income. The same is true for recipients of Social

Security benefits. Payments received in the parent’s name are not included in the family’s gross monthly

income whereas payments received in a child’s name are.

Financial Aid:

Federal student financial aid received by a client will not be included as part of determining income

eligibility for program services, unless federal law or regulation states otherwise. Additionally, federal

student aid received by a client will not be considered a source of income when calculating a parent’s share

of costs.

Parents Employed by Child Care Facilities:

Parents who work for a child care facility and have their child(ren) attend the same facility must show

proof of employment by providing the CCS contractor with actual paystubs from their employer.

§809.45. Choices Child Care

(a) A parent is eligible for Choices child care if the parent is participating in the Choices program as

stipulated in Chapter 811 of this title.

(b) A parent who has been approved for Choices but is waiting to enter an approved initial component

of the program may be eligible for up to two weeks of child care services if:

(1) child care services will prevent loss of the Choices placement; and

(2) child care is available to meet the needs of the child and parent.



WSBVB Guideline: Case Management for Choices Clients

The Choices client’s eligibility for child care services is determined by the WSBVC caseworker. WSBVC

caseworkers are responsible for authorizing, reducing, continuing, and terminating child care services for a

Choices client. CCMS staff will make necessary changes only after receiving authorization from WSBVC

staff in the form of a Brazos Valley Workforce Center Child Care Authorization Form (form 2510), or

unless three days have passed without receiving such authorization. The same is true for WIA and WTW

clients. These clients must have their eligibility redetermined at least every 30 days.

CCS contractors must verify that Choices, WTW, or WIA authorizations to deliver child care are current at

all times by ensuring that current and signed and dated authorizations are on file. If CCS contractors do not

receive Form 2510 to continue care by the termination/redetermination date, CCS contractors must notify

the WSBVC staff or supervisors to request an updated form. CCS contractors must document attempts to

obtain the form and will not terminate child care unless they are authorized to do so, or unless a total of

three days have passed with no response from the client’s WSBVC caseworker.

Parents determined eligible for child care services by the WFC as a sanctioned family or a conditional

applicant will receive Choices funded child care. These services will be authorized for as long as the client

actively participates in WFC activities. A form 2510 will be issued by the WFC staff to CCS in order to

authorize childcare services.

For sanctioned families and conditional applicants receiving child care assistance that have been

determined to no longer be participating in WFC activities by their WFC case manager, WFC staff will

issue to CCS a form 2510 with a Discontinue Date 15 calendar days from the date these clients are sent

notice via certified mail by the WFC of their non-participation. If the client responds to the WFC within the

15 day period and WFC determines that child care will need to continue, WFC staff will issue another 2510

to CCS to disregard the discontinue date and to continue child care services for the client. WFC will need

to document this change in the comments section in the form 2510.

In instances where CCS is required to terminate child care services, clients whose services are authorized

by the WSBVC may receive child care for up to three additional days past the termination date in order for

their WSBVC case manager to be notified by CCS staff of the pending change in service. This 72 hour

policy should be the exception not the rule. Excessive use of this policy can should be documented in the

employee’s personnel file. If CCS staff has not received an authorization form from WSBVC staff

addressing this change by the third day, CCS will terminate the client’s child care services.

§809.46. Temporary Assistance for Needy Families Applicant Child Care

(a) A parent is eligible for TANF Applicant child care if the parent:

(1) receives a referral from the Health and Human Services Commission (HHSC) to attend a

Workforce Orientation for Applicants (WOA);

(2) locates employment or has increased earnings prior to TANF certification; and

(3) needs child care to accept or retain employment.

(b) To receive TANF Applicant child care, the parent shall be working and not have voluntarily

terminated paid employment of at least 25 hours a week within 30 days prior to receiving the

referral from HHSC to attend a WOA, unless the voluntary termination was for good cause

connected with the parent's work.

(c) Subject to the availability of funds and the continued employment of the parent, TANF Applicant

child care shall be provided for up to 12 months or until the family reaches the Board's income

limit for eligibility under any provision contained in §§809.50–809.52, whichever occurs first.

(d) Parents who are employed fewer than 25 hours a week at the time they apply for temporary cash

assistance are limited to 90 days of TANF Applicant child care. Applicant child care may be

extended to a total of 12 months, inclusive of the 90 days, if before the end of the 90-dayperiod, the

applicant increases the hours of employment to a minimum of 25 hours a week.

(e) Subject to the availability of funds, a parent whose time limit for TANF Applicant child care has

expired may continue to be eligible for childcare services provided the parent and child are

otherwise eligible under any provision contained in §§809.50–809.52.



WSBVB Guidelines

Eligibility:

Parents who have applied for TANF benefits, and whose case with the Texas Department of Human

Services (DHS) has not yet been certified, may also be eligible for child care services. Clients will receive

care in order for parents to accept employment, attend an Orientation for Workforce Applicant meeting, or

if they have located employment prior to TANF certification. Parents must be referred through the

Workforce Solutions Brazos Valley Center to establish child care services. WSBVC staff will authorize

services with an Authorization for Child Care Services Form 2510 to the CCS contractor.

Guidelines:

Families must meet CCS monthly income guidelines (85% SMI) in order to receive child care services.

Authorization from the WSBVC for Applicant child care is for one full year. Clients will continue under

Applicant funding until year’s end unless the family exceeds CCS income limits at any point during that

time period. Workforce Applicant clients are not eligible for extended year income limits.

If clients remain eligible until year’s end they may be placed into CCS child care if funding is available.

Otherwise services will be terminated and clients will be waitlisted.

§809.47. Food Stamp Employment and Training Child Care

A parent is eligible to receive FSE&T child care services if the parent is participating in FSE&T

services, in accordance with the provisions of 7 C.F.R. Part 273, as long as the case remains open.



§809.48. Transitional Child Care

(a) A parent is eligible for Transitional child care services if the parent:

(1) has been denied TANF because of increased earnings; or

(2) has been denied temporary cash assistance within 30 days because of expiration of TANF time

limits; and

(3) requires child care to work or attend a job training or educational program for a combination of

at least 25 hours per week for a single-parent family or 50 hours per week for a two-parent

family, or a higher number of hours per week as established by a Board.

(b) Boards may establish an income eligibility limit for Transitional child care that is higher than the

eligibility limit for children in families at risk of becoming dependent on public assistance,

provided that the higher income limit does not exceed 85% of the state median income for a family

of the same size.

(c) Transitional child care shall be available for:

(1) a period of up to 12 months from the effective date of the TANF denial; or

(2) a period of up to 18 months from the effective date of the TANF denial in the case of a former

TANF recipient who was eligible for child caretaker exemptions pursuant to Texas Human

Resources Code §31.012(c) and voluntarily participates in the Choices program.

(d) Former TANF recipients who are not employed when TANF expires, including recipients who are

engaged in a Choices activity except as provided under subsection (e) of this section, shall receive

up to four weeks of Transitional child care in order to allow these individuals to search for work as

needed.

(e) Former TANF recipients who are engaged in a Choices activity, are meeting the requirements of

Chapter 811 of this title, and are denied TANF because of receipt of child support shall be eligible

to receive Transitional child care services until the date on which the individual completes the

activity, as defined by the Board.




Clients that have been denied TANF benefits are typically eligible for Transitional child care. At this time

the client falls under the CCS rules and requirements in determining eligibility for child care services. If an

employed parent’s gross monthly income falls under 85% of the state median income for that family size,

the client(s) will be allowed up to one full year of child care services.

Parents who are employed are required to participate in a combination of training, education, or

employment activities for a minimum of 30 hours per week for a single-parent family or 55 hours per week

for a two-parent family.

Parents who are unemployed at the time they become Transitional are allowed four weeks of job search to

obtain new employment. During this time child care is continued and the parent share is reduced. If

employment is not obtained by the end of the job search period child care will be terminated. As long as a

client’s case is transitional, child care services will be re-established, once the parent gains employment,

without being placed on a wait list first.

The following table outlines the length of time an individual can receive transitional child care services.

Individuals Eligible for Transitional

Child Care

Length of Time an Individual Can

Receive Transitional Child Care Notes

Former TANF recipients who were

employed at the time of cash benefits

denial

Up to 12 consecutive months from

the effective date of the TANF

denial, depending on the individual’s

income and employment status

Former TANF recipients are

ineligible for transitional child care

if:

earned income places the

individual over eligibility

limits;

the individual ends

employment without good

cause and is unwilling to look

for subsequent employment;

or

the individual exhausts the

amount of time allowed for

transitional child care

services.

If employment is interrupted and

the individual is willing to job

search, child care may continue

for no longer than four weeks. If

the individual enters employment

during that time, transitional child

care benefits are reinstated.

Former TANF recipients eligible for

the child caretaker exemption who

voluntarily participate in Choices and

were employed at the time of cash

benefits denial

Up to 18 months from the effective

date of TANF denial

Former TANF recipients whose time

limits expired within the last 30 days Up to a maximum of four weeks

Choices individuals denied TANF

benefits because of child support

payments

Eligible only until the individual

completes the Choices activity in

which they are currently enrolled, as

defined by the Board (up to four-

week maximum)

§809.49. Child Care for Children Receiving or Needing Protective Services

(a) A Board shall ensure that determinations of eligibility for children needing protective services are

performed by DFPS.

(1) Child care will continue as long as authorized and funded by DFPS.

(2) DFPS may authorize child care for a child under court supervision up to age 19.

(b) A Board shall ensure that requests made by DFPS for specific eligible providers are enforced for

children in protective services.




CCS contractor must verify that CPS authorizations to deliver child care services are current at all times by

ensuring that current signed and dated forms are on file.

If the CCS contractor does not receive an updated Form 2054, Eligibility and Authorization for Services

Without Regard to Income, by the care end date, CCS contractor must notify the CPS caseworker or

contractor or the caseworker’s or contractor’s supervisor and request an updated Form 2054, Eligibility and

Authorization for Services Without Regard to Income. CCS contractors must document attempts to obtain

this form.

CPS caseworkers or contractors authorizing post intervention services (CCDF At Risk Former CPS) for

CPS children must:

Complete Form 2054, Eligibility and Authorization for Services Without Regard to Income, and

Define the time period the children may receive CCDF At Risk Former CPS child care services,

which will be up to, but no more than, six months.

The CCS contractor shall ensure that requests made by DFPS for specific eligible providers are enforced

for all children in protective services.

§809.50. Child Care for Children Living at Low Incomes

(a) A parent is eligible for child care services under this section if:

(1) the family income does not exceed the income limit established by the Board provided that the

income limit does not exceed 85% of the state median income for a family of the same size;

and

(2) child care is required for the parent to work or attend a job training or educational program for

a minimum of 25 hours per week for a single-parent family or 50 hours per week for a two-

parent family, or a higher number of hours per week as established by a Board.

(b) A Board may allow a reduction to the requirement in subsection (a)(2) of this section if a parent's

documented medical disability or need to care for a physically or mentally disabled family member

prevents the parent from participating in the activities for the required hours per week.

(c) For purposes of meeting the education requirements stipulated in subsection (a)(2) of this section,


week and each credit hour of a postsecondary education condensed course will count as six

education activity hours per week.




The WSBVB has established income guidelines with which to determine a family’s eligibility for child care

services. The family’s gross monthly income must not exceed 85% of the SMI. A parent can only receive

services after it has been shown that all other sources have been exhausted.

Parents may require child care services in order to participate in training, education or employment

activities. Single-parent families are required to participate a minimum of 30 hours per week and two-

parent families are required to participate a minimum of 55 hours per week.

A Board may allow a reduction to the requirement in subsection (a) (2) of this section if a parent's

documented medical disability or need to care for a physically or mentally disabled family member

prevents the parent from participating in the activities for the required hours per week.

Each credit hour of postsecondary education will count as three hours of education activity per week and

each hour of postsecondary education condensed course will count as six education activity hours per

week.

*Special caveat for summer school...Full time summer school is considered 6 hours of class. Clients

meeting this requirement for the summer session will be considered full time.

§809.51. Child Care for Children with Disabilities

(a) A child with disabilities is eligible for child care services if:

(1) the child resides with a family whose income, after deducting the cost of the child's ongoing

medical expenses, does not exceed the income limit established by the Board; and

(2) child care is required for the child's parents to work or attend a job training or educational

program for a minimum of 25 hours per week for a single-parent family or 50 hours per week

for a two-parent family, or a higher number of hours per week as established by a Board.

(b) A Board may allow a reduction to the requirements in subsection (a)(2) of this section if the need to

care for a child with disabilities prevents the parent from participating in the activities for the

required hours per week.

(c) For purposes of meeting the education requirements stipulated in subsection (b)(2) of this section,


week and each credit hour of a postsecondary education condensed course will count as six

education activity hours per week.



WSBVB Policy: Serving Children with Disabilities

Children with disabilities are eligible to receive CCS care until the age of 19 as long as the family remains

eligible. The family’s gross monthly income must be at or below 85% SMI. Parents must be participating

in an allowable employment or education activity. Ongoing, documented medical expenses for the child

with the disability may be deducted from the family’s gross monthly income. Child care will not continue

for children with disabilities past the age of 19. The CCS contractor must refer families to community

resources adept in serving families of children with disabilities. The referral must be documented.

§809.52. Child Care for Children of Teen Parents

(a) A child of a teen parent may be eligible for child care if:

(1) the teen parent needs child care services to complete high school or the equivalent; and

(2) the teen parent's family income does not exceed the income eligibility limit established by the

Board. Boards may establish a higher income eligibility limit for teen parents provided that

the higher income limit does not exceed 85% of the state median income for a family of the

same size.

(b) The teen parent's family income is based solely on the teen parent's income and size of the

teen's family as defined in §809.2(8).



§809.53. Child Care for Children Served by Special Projects

(a) Special projects developed in federal and state statutes or regulations may add groups of children

eligible to receive child care.

(b) The eligibility criteria as stated in the statutes or regulations shall control for the special project,

unless otherwise indicated by the Commission.

(c) The time limit for receiving child care for children served by special projects may be:

(1) specifically prescribed by federal or state statutes or regulations according to the particular

project;

(2) otherwise set by the Commission depending on the purpose and goals of the special project;

and

(3) limited to the availability of funds.



§809.54. Continuity of Care

(a) Enrolled children, including children whose eligibility for Transitional child care has expired, shall

receive child care as long as the family remains eligible for any available source of Commission-

funded child care except as otherwise provided under subsection (b) of this section.

(b) Except as provided by §809.76(b) relating to child care during appeal, nothing in this chapter shall

be interpreted in a manner as to result in a child being removed from care, except when removal

from care is required for child care to be provided to a child of parents eligible for the first priority

group as provided in §809.43.

(c) In closed DFPS Child Protective Services cases (DFPS cases) where child care is no longer funded

by DFPS, the following shall apply:

(1) Former DFPS Children Needing Protective Services Child Care. Regardless of whether the

family meets the income eligibility requirements of the Board or is working or attending a job

training or educational program, if DFPS determines on a case-by-case basis that the child

continues to need protective services and child care is integral to that need, then the Board

shall continue the child care by using other funds, including funds received through the

Commission, for child care services for up to six months after DFPS case is closed.

(2) Former DFPS Children Not Needing Protective Services Child Care. If the family meets the

income eligibility requirements of the Board and if DFPS does not state on a case-by-case

basis that the child continues to need protective services or child care is not integral to that

need, then the Board may provide care subject to the availability of funds. To receive care

under this paragraph, the parents must be working or attending a job training or an

educational program.

(d) A Board shall ensure that no children of military parents in military deployment have a disruption of

child care services or eligibility because of the military deployment.

(e) A Board shall ensure that a child who is required by a court-ordered custody or visitation

arrangement to leave a provider's care is permitted to continue receiving child care by the same

provider, or another provider if agreed to by the parent in advance of the leave, upon return from

the court-ordered custody or visitation arrangement.

(f) A Board may encourage parents of other children to temporarily utilize the space the child under

court-ordered custody or visitation arrangement has vacated until the child returns so he or she can

return to the same provider.

(g) A Board shall ensure that parents who choose to accept temporary child care to fill a position

opened because of court-ordered custody or visitation shall not lose their place on the waiting list.

(h) A Board shall ensure that parents who choose not to accept temporary child care to fill a position

opened because of court-ordered custody or visitation shall not lose their place on the waiting list.




Children in Priority Groups, as referenced in 809.43 will be funded first for child care services. If funding

depletes and there are children in the Priority Groups in need of care we must remove children from At-

Risk funding in order to place the Priority children. The following criteria will determine the order in which

children are discontinued from services in the event that slots are needed for priority groups.

1. Children nearing the CCS age requirement as “too old for care”.

2. Children from families that have been in care the longest, beginning with the oldest child in

the family receiving CCS services.

3. Children from families with the highest gross family income. Must be funded as At-Risk.

The child care subcontractor must notify parents in writing at least 30 days prior to the effective date of

terminating an At-Risk family in order to make room for priority groups. The 30 day written notice must

include information regarding other child care services for which the recipient may be eligible.

Custody and Visitation

Court-Ordered Visits:

Clients requiring absences from a provider in order to meet court-ordered or visitation arrangements will be

allowed to do so without such absences counting towards the 30 total absences allowed for the year. These

days out will be marked with a “C” on the provider’s attendance sheets submitted to the CCS contractor

each pay period. There must be written documentation of the court orders.

Suspending Child Care:

Clients needing to be out of care for more than two weeks but less than 90 days should be placed on

suspension by the CCS contractor. The client should be informed at time suspension starts that being

placed on suspension will hold their position with the CCS contractor but may not guarantee placement

with the same provider upon entering back into services. When care is re-established the CCS contractor

will also need to determine if eligibility requires evaluation.

Temporary Placements:

The CCS contractor may choose to temporarily fill the opening left by a client serving court-ordered

requirements. They will explain to the new client that the placement is only temporary until the original

client is again needing care, unless there is available funding when the suspension timeframe expires. If so,

the new client may continue services and transfer to another provider if necessary. If funding is not

available when the court-ordered client is returning to services, the temporary client will remain on the

waiting list.

SUBCHAPTER D. PARENT RIGHTS AND RESPONSIBILITIES

§809.71. Parent Rights

A Board shall ensure that the Boards child care contractor informs the parent in writing that the parent

has the right to:

(1) choose the type of child care provider that best suits their needs and to be informed of all child

care options available to them as included in the consumer education information described in

§809.15;

(2) visit available child care providers before making their choice of a child care option;

(3) receive assistance in choosing initial or additional child care referrals including information

about the Board's policies regarding transferring children from one provider to another;

(4) be informed of the Commission rules and Board policies related to providers charging parents

the difference between the Board's reimbursement and the provider's published rate as

described in §809.92(c)-(d);

(5) be represented when applying for child care services;

(6) be notified of their eligibility to receive child care services within 20 days from the day the

Board's child care contractor receives all necessary documentation required to determine

eligibility for child care;

(7) receive child care services regardless of race, color, national origin, age, sex, disability,

political beliefs, or religion;

(8) have the Board and the Board's child care contractor treat information used to determine

eligibility for child care services as confidential;

(9) receive written notification, except as provided by paragraph (10) of this section, from the

Board's child care contractor at least 15 days before the denial, delay, reduction, or

termination of child care services unless the following exceptions apply:

(A) Notification of denial, delay, reduction, or termination of child care services is not

required when the services are authorized to cease immediately because either the

parent is no longer participating in the Choices program or services are authorized to

end immediately for children in protective services child care; or

(B) The Choices program participants and children in protective services child care are

notified of denial, delay, reduction, or termination of child care and the effective date

of such actions by the Choices caseworker or DFPS;

(10) receive 30-day written notification from the Board's child care contractor if child care is to be

terminated in order to make room for a priority group described in §809.43(a)(1), as follows:

(A) Written notification of denial, delay, reduction or termination shall include information

regarding other child care options for which the recipient may be eligible.

(B) If the notice on or before the 30th day before denial, delay, reduction, or termination in

child care would interfere with the ability of the Board to comply with its duties

regarding the number of children served or would require the expenditure of funds in

excess of the amount allocated to the Board, notice may be provided on the earliest

date on which it is practicable for the Board to provide notice;

(11) reject an offer of child care services or voluntarily withdraw their child from child care unless

the child is in protective services;

(12) be informed of the possible consequences of rejecting or ending the child care that is offered;

(13) be informed of the eligibility documentation and reporting requirements described in §809.72

and §809.73;

(14) be informed of the parent appeal rights described in §809.74; and

(15) be informed of the Board's attendance policy as required in §809.13(d)(13).




The CCS contractor will provide a consumer guide to all parents and discuss with them the different types

of child care facilities available and how to choose one to meet their needs. The CCS contractor staff must

also explain the WSBVB policy on transferring children. Parents will be encouraged to visit facilities and

call parent references when possible.

Client Transfers

Based upon parental choice, with the exception of Department of Family and Protective Services clients,

parents are granted the opportunity to transfer their children to a different child care provider upon request.

The provider must be contracted with Child Care Services (CCS) or be considered eligible to receive

WSBVB funds through Self Arranged Child Care (SACC).

Upon request of a transfer, CCS will review the situation with both the provider and the parent to determine

if the issue can be resolved with Case Management Specialist (CMS) intervention. If no resolution is

reached, the CMS may move children to another provider, if space is available, based upon parental choice.

All transfer situations and resolution attempts must be documented by CCS. Although parents are strongly

encouraged to resolve issues with the provider before seeking a transfer, there are no limits to the number

of times a parent can transfer their child within one year.

All fees incurred by the parent must be paid in full before transferring their children to a new provider.

This includes the parent share, any accrued late pick up fees, or any fees charged by the provider not

covered by CCS. Any payment plans established between the parent, provider, and/or CCS must be

completed before a transfer takes place. If there is a break in time in care, all fees owed to a previous

provider must be paid in full before client is waitlisted and/or care is established with a new provider. The

only exception would be a Choices client new to care.

Notification of Eligibility:

The CCS contractor has 20 days upon the receipt of eligibility information to notify all parents of their

eligibility of child care services. If the appropriate funding is not currently available eligible clients will be

placed on a waiting list. This list must be updated every 89 days by a call or visit from the parent until

funding is available or until there is no longer a need for assistance.

Waiting List:

Unborn children will not be placed on the waiting list. As well, during periods of open enrollment, clients

scheduled for appointments will be tracked separately. Clients may also be placed on a waiting list if their

preferred provider is unavailable at the time care is initiated.

Ineligible Clients:

Parents deemed ineligible for assistance are notified in writing within the initial 20 days and sent the Notice

of Denial, Reduction, or Termination of Service (Form 2052) and Clients Rights and Responsibilities

During Appeals Process (Form 1071) providing the option to appeal the decision.

Workforce Center and DFPS Clients:

The CCS caseworkers will not deny, delay, reduce or terminate child care on any clients whose care has

been authorized by a Workforce Center (WFC) case worker or the Department of Family and Protective

Services (DFPS) unless they have received written authorization to do so. The WFC or DFPS caseworker

will notify their client of any such changes.

Parent’s Right to Withdraw from Services

Parents have the right to refuse or withdraw their children from CCS child care, unless they are being

placed by DFPS. Clients voluntarily withdrawing from CCS services may be placed on a waiting list if

services were again needed. Clients pulled from the waiting list who refuse services may be placed back on

the wait list or lose child care subsidies altogether.

Clients who reject an offer of services may be removed from the waitlist if funding is currently available or

be placed back on a list until their names are pulled again.

§809.72. Parent Eligibility Documentation Requirements

(a) Parents shall provide the Board's child care contractor with all information necessary to determine

eligibility according to the Board's administrative policies and procedures.

(b) A parent's failure to submit eligibility documentation may result in denial or termination of child

care services.



WSBVB Policy: Requirements for Determining Eligibility

The CCS contractor will provide all parents with a list of required documentation necessary in determining

eligibility. Parents will have 15 days to return all required paperwork needed in determining or re-

determining eligibility. The contractor will utilize a tracking mechanism of when paperwork is due. Any

documentation not received by the due date could result in the termination of child care services.

Eligibility is redetermined at least every twelve months for income eligible clients. Clients referred by the

WFC will have their eligibility period determined by that agency.

§809.73. Parent Reporting Requirements

(a) Parents shall report to the child care contractor, within 10 days of the occurrence, the following:

(1) Changes in family income;

(2) Changes in family size;

(3) Changes in work or attendance in a job training or educational program;

(4) The receipt or the awarding of any child care funds from other public or private entities; or

(5) Any other changes that may affect the child's eligibility or parent share of cost for child care.

(b) Failure to report changes may result in:

(1) termination of child care;

(2) recovery of payments by the Board, the Board's child care contractor, or the Commission; or

(3) fact-finding for suspected fraud as described in Subchapter F of this chapter.

(c) The receipt of child care services for which the parent is no longer eligible constitutes grounds on

which to suspect fraud.




Reporting Requirements for Parents

Reporting Changes:

Any changes that may affect eligibility, such as income or living arrangements, must be reported to CCS

within ten days. Failure to do so will result in termination of child care assistance and recoupment of

monies paid during the ineligible timeframe. Families must make all recoupment payments timely or care

will be terminated. A maximum of 12 months is allowed to repay all funds owed to the Board. Clients on

the waitlist must report any changes in order to keep their held position and to maintain an accurate list of

funding groups needing assistance (ex: food stamps, special needs, etc). The CCS contractor will inform

participants of this requirement upon eligibility appointment or wait list addition.

Returning Paperwork:

The CCS contractor will require all parents to complete paperwork for eligibility at initial intake, upon

recertification, and any time there is a change that may affect eligibility such as a change in family size or

income/employment. Paperwork will be sent to the parents with a cover letter giving a date the forms are

due back to the Contractor. Parents have 15 days to return all paperwork.

Returning Paperwork past the Due Date:

The CCS contractor will accept late paperwork only if the envelope is post-marked prior to the due date. If

the due date falls on a weekend or holiday, then the parent has until 5pm on the following business day to

return their forms. Failure to return any requested documentation could result in termination of child care

services.

Eligibility Verification

The CCS contractor will determine and verify a client’s eligibility for services prior to placing their

children in care. Eligibility will be redetermined at least every twelve months. A client’s eligibility will

also be evaluated any time there is a change in the family’s gross monthly income or any other factor that

may affect their eligibility.

§809.74. Parent Appeal Rights

(§809.74. Parent Appeal Rights

(a) Unless otherwise stated in this section, a parent may request a hearing pursuant to Chapter 823 of

this title, if the parent's eligibility or child's enrollment is denied, delayed, reduced, suspended, or

terminated by the Board's child care contractor, Choices caseworker, or FSE&T caseworker.

(b) A parent may have an individual represent him or her during this process.

(c) A parent of a child in protective services may not appeal pursuant to Chapter 823 of this title, but

shall follow the procedures established by DFPS.

WSBVB Guideline: Parent’s Right to Appeal

Parents have the right to appeal a decision made by the CCS contractor any time their child care services

are reduced, denied, or terminated. The only exceptions are clients receiving care in in-home protective

services through TDPRS. Those clients will appeal decisions with TDPRS. More on the appeal process

can be found in the chapter on Adverse Actions and Appeals.

§809.75. Child Care during Appeal

(a) For a child currently enrolled in child care, a Board shall ensure that child care services continue

during the appeal process until a decision is reached, if the parent requests a hearing.

(b) A Board shall ensure that child care does not continue during the appeal process if the parent's

eligibility or child's enrollment is denied, delayed, reduced, or terminated because of:

(1) excessive absences;

(2) voluntary withdrawal from child care;

(3) change in federal or state laws or regulations that affect the parent's eligibility;

(4) lack of funding because of increases in the number of enrolled children in state and Board

priority groups;

(5) a sanctions finding against the parent participating in the Choices program;

(6) voluntary withdrawal of a parent from the Choices program;

(7) nonpayment of parent fees; or

(8) a parent's failure to report, within 10 days of occurrence, any change in the family's

circumstances that would have rendered the family ineligible for subsidized child care.

(9) a parent’s temporary interruption in work, education, or job training

(c) The cost of providing services during the appeal process is subject to recovery from the parent by

the Board, if the appeal decision is rendered against the parent.



WSBVB Guideline: Child Care During Appeals

Representation:

CCS contractors must not impede, limit, or interfere in any way with parental rights to request a fair

hearing. If necessary, the request for an appeal may be made by a person acting on the parent’s behalf.

This may be household member, a relative, friend, legal counsel, or other spokesperson.

Limitations on Appeals:

Appeals are limited to decisions that affect reduction, denial, or termination of child care services. If a

dispute involves issues that are not subject to the appeals process, CCS contractors refer parents to the CCS

contractor Grievance Committee.

Advance Notices:

CCS contractors must give providers advance notice in writing when a corrective or adverse action will be

taken, stating the action to be taken, the reason for the action, and the date on which the action is effective.

Eligibility for Appeals:

Most parents are eligible to appeal termination of child care services if the request for appeal is made

within 14 days of notification of termination, and most parents are eligible to continue receiving child care

during the appeal process.

Child care will not continue during the Appeal process if the child's enrollment is denied, delayed, reduced,

or terminated because of:

(1) excessive absences;

(2) voluntary withdrawal from child care;

(3) change in federal or state laws or regulations;

(4) lack of funding due to increases to state and Board priority groups;

(5) a sanctions recommendation against the parent participating in the Choices program;

(6) voluntary withdrawal of a parent from the Choices program; or

(7) non-payment of parent fees;

(8) a parent’s failure to report, within 10 days of occurrence, any changes in the family’s

circumstances that would have rendered the family ineligible for subsidized child care.

(9) a parent’s temporary interruption in work, education, or job training

CPS Clients:

CPS clients are not eligible to appeal termination. CPS parent’s care is arranged by a CPS caseworker as

part of a case plan. However, if the parent rather than the CPS caseworker is the one who requests child

care services, the parent may appeal the termination. CPS caseworkers are responsible for notifying these

parents that they may appeal, and the appeal is requested through CPS.

Losing the Appeal:

CCS contractor staff must inform parents that, if they lose the appeal, they will be required to pay the full

cost of child care provided after the termination date entered on Form 2052, Notification of Denial,

Reduction, or Termination of Services. The cost of care for the parents will be at the CCS contractor

providers’ published rates.

§809.76. Parent Responsibility Agreement

(a) The parent of a child receiving child care services is required to sign a parent responsibility

agreement (PRA) as part of the child care enrollment process, unless covered by the provisions of

Texas Human Resources Code §31.0031. The parent's compliance with the provisions of the

agreement shall be reviewed at each eligibility re determination.

(b) The PRA requires that:

(1) for cases in which the child has a non custodial parent, the custodial parent shall:

(A) cooperate with the Office of the Attorney General (OAG) to establish paternity of the

parent's children and to enforce child support on an ongoing basis by:

(i) providing documentation to the Board's child care contractor that the parent has an

open child support case with OAG and is cooperating with OAG; or

(ii) opening a child support case with OAG and providing documentation to the

Board's child care contractor that the parent is cooperating with OAG; or

(B) provide documentation to the Board's childcare contractor that the parent has an

arrangement with the non custodial parent for child support and is receiving child

support on a regular basis. Such documentation must include evidence of child support

history, including in-kind child support;

(2) each parent shall not use, sell, or possess marijuana or other controlled substances in violation

of Texas Health and Safety Code, Chapter 481, and abstain from alcohol abuse; and

(3) each parent shall ensure that each family member younger than 18 years of age attends school

regularly, unless the child has a high school diploma or a GED credential, or is specifically

exempted from school attendance by Texas Education Code §25.086.

(c) Failure by the parent to comply with any of the provisions of the PRA shall result in sanctions as

determined by the Board, up to and including terminating the family's child care services.




Parent Responsibility Agreement (PRA)

The CCS Parent Responsibility Agreement, or PRA, is comprised of the Parent Responsibility Agreement

for Child Care Services (form 2040), the Parent Self-Declaration Form (form 2041), and the School

Attendance Verification (form 2042). These forms require that all parents agree:

to cooperate with the Attorney General’s office in establishing a case for child support,

not to buy, sell, or consume illegal drugs or to seek counseling if there is a drug or alcohol

problem, and

to keep all school-aged children in the household in school.

Form 2040 requires compliance with obtaining child support, form 2041 is the illegal drugs/alcohol

agreement, and form 2042 is used to verify school attendance. Parents may provide copies of court

documentation, child support checks, or printouts from their local county clerk’s office to verify as proof of

compliance in obtaining child support. They may also allow the CCS contractor to gather this information

from the Texas Attorney General’s website. Parents may provide a child’s report card in lieu of form

2042.

Failure to sign the Parent Responsibility Agreement (PRA) or to provide the necessary documentation for

any of the three aspects of the PRA will result in termination of child care services. A parent has 60 days to

comply with all 3 aspects of the PRA upon initial enrollment in services. At the end of the 60 days if the

parent has not come into compliance with the agreement the child care services will be terminated.

§809.77. Exemptions from the Parent Responsibility Agreement

Notwithstanding the requirements set forth in §809.76(b)(1), the parent is not required to comply with

those requirements if one or more of the following situations exist:

(1) The paternity of the child cannot be established after a reasonable effort to do so;

(2) The child was conceived as a result of incest or rape;

(3) The parent of the child is a victim of domestic violence;

(4) Adoption proceedings for the child are pending;

(5) The parent of the child has been working with an agency for three months or less to decide

whether to place the child for adoption;

(6) The child may be physically or emotionally harmed by cooperation; or

(7) The parent may be physically or emotionally harmed by cooperation, to the extent of impairing

the parent's ability to care for the child.



WSBVB Policy: Parent Responsibility Agreement (PRA), Sanctions and Exceptions Updated 2-19-04

Failure to sign the Parent Responsibility Agreement (PRA) or to provide the necessary documentation for

any of the three aspects of the PRA will result in termination of child care services. A parent has 60 days to

comply with all 3 aspects of the PRA upon initial enrollment in services. At the end of the 60 days if the

parent has not come into compliance with the agreement the child care services will be terminated.

Exceptions from Parent Responsibility Agreement Requirements.

(1) For purposes of this subsection, the following words and terms shall have the following

meanings unless the context clearly indicates otherwise.

(A) Reasonable--Those efforts which a willing, committed person would make to establish

paternity, including but not limited to, appropriate lawsuit in a court of competent

jurisdiction to establish paternity.

(B) Incestuous--Sexual intercourse between persons as described in Texas Penal Code

§25.02(a).

(C) Domestic Violence--Such mental or physical abuse committed against a person as

would reasonably cause and did cause the injured person grievous bodily, emotional,

or mental harm.

(2) Notwithstanding the requirements set forth in §809.78(b) of this chapter, the parent or

caretaker is not required to comply with those requirements if one or more of the below

situations exist.

(A) the paternity of the child cannot be established after a reasonable effort to do so;

(B) the child is the product of an incestuous relationship; or

(C) the parent of the child is a victim of domestic violence

SUBCHAPTER E. REQUIREMENTS TO PROVIDE CHILD CARE

§809.91. Minimum Requirements for Providers

(a) A Board shall ensure that child care subsidies are paid only to:

(1) regulated child care providers as described in §809.2(17);

(2) relative child care providers as described in §809.2(18), subject to the requirements in

subsections (e) and (f) of this section; or

(3) at the Board option, listed family homes as defined in §809.2(12), subject to the requirements

in subsection (b) of this section.

(b) If a Board chooses to include listed family homes, a Board shall ensure that there are in effect, under

local law, requirements applicable to the listed family homes designated to protect the health and

safety of children. Pursuant to 45 C.F.R. §98.41, the requirements shall include:

(1) the prevention and control of infectious diseases (including immunizations);

(2) building and physical premises safety; and

(3) minimum health and safety training appropriate to the child care setting.

(c) Except as provided by the criteria for Texas Rising Star Provider Certification, a Board or the

Board's child care contractor shall not place requirements on regulated providers that:

(1) exceed the state licensing requirements stipulated in Texas Human Resources Code, Chapter

42; or

(2) have the effect of monitoring the provider for compliance with state licensing requirements

stipulated in Texas Human Resources Code, Chapter 42.

(d) When a Board or the Board's child care contractor, in the course of fulfilling its responsibilities,

gains knowledge of any possible violation regarding regulatory standards, the Board or its child

care contractor shall report the information to the appropriate regulatory agency.

(e) Relative child care providers shall not reside in the same household as the eligible child unless:

(1) the eligible child is a child of a teen parent; or

(2) the Board's child care contractor determines and documents that other child care provider

arrangements are not reasonably available. Factors used to determine the reasonable

availability of child care may include, but are not limited to:

(A) the parent's work schedule;

(B) the availability of adequate transportation; or

(C) the age of the child.

(f) An individual appearing on the Texas Department of Public Safety's Sex Offender Registry, pursuant

to Chapter 62 of the Texas Code of Criminal Procedure, shall not be eligible to be a relative child

care provider.



§809.92. Provider Responsibilities and Reporting Requirements

(a) A Board shall ensure that providers are given written notice of and agree to their responsibilities,

reporting requirements, and requirements for reimbursement under this subchapter prior to

enrolling a child.

(b) Providers shall:

(1) be responsible for collecting the parent share of cost as assessed under §809.19 before child

care services are delivered;

(2) be responsible for collecting other child care funds received by the parent as described in

§809.21(2);

(3) report to the Board or the Board's child care contractor instances in which the parent fails to

pay the parent share of cost; and

(4) follow attendance reporting and tracking procedures required by the Commission, Board, or, if

applicable, the Board's child care contractor. At a minimum, the provider shall:

(A) document and maintain a record of each child's attendance and submit attendance

records to the Board's child care contractor upon request;

(B) inform the Board's child care contractor when an enrolled child is absent; and

(C) inform the Board's child care contractor that the child has not attended the first three

days of scheduled care. The provider has until the close of the third day of scheduled

attendance to contact the Board's child care contractor regarding the child's absence.

(c) Providers shall not charge the difference between the provider's published rate and the amount of the

Board's reimbursement rate as determined under §809.21 to parents:

(1) who are exempt from the parent share of cost assessment under §809.19(a)(2); or

(2) whose parent share of cost is calculated to be zero pursuant to §809.19(f).

(d) A Board may develop a policy that prohibits providers from charging the difference between the

provider's published rate and the amount of the Board's reimbursement rate (including the assessed

parent share of cost) to all parents eligible for child care services.




*** Note this policy covers 809.91 and 809.92

Provider Agreements Guidelines

In order for a child care center, group day home, or registered family home to be contracted by CCS

Contractor, they must meet at least one of the minimum criteria set forth in the above section. Each

contracted provider is required to sign and abide by the Provider Agreement. Any provider in violation of

any regulated requirements will be reported to the appropriate agency and may be subject to corrective

action.

Provider Agreements and the Provider Manual

Provider Agreements:

Each provider will sign a provider agreement mandating compliance with all insurance requirements, State

Licensing guidelines, DFPS, Child Care Attendance Automation, and all other requirements set forth in the

Provider Manual. CCS must maintain a current and signed Provider Agreement in each contracted

provider file. Provider Agreements must be renewed yearly if the provider wishes to continue with CCS.

Provider Manual:

All contracted providers are required to abide by all rules and regulations outlined in the CCS’s Provider

Manual. The signatures and the signature dates on the Child Care Provider Agreement make it a legally

binding document. All required signatures must be obtained on or before the effective date of the Child

Care Provider Agreement. The child care provider will not be reimbursed for services provided before the

signature date. The CCS contractor must receive the original signed Provider Agreement from the provider

within five working days of the provider’s signature date. A Child Care Provider Agreement may be

signed in advance of the agreement’s effective date. There is no stated limit to the amount of time between

the signature date and the effective date. However, when the signature date is in advance of the effective

date, the CCS contractor should contact the Child Care provider near the effective date to verify that all the

information on the Child Care Provider Agreement is current.

Provider Manual:

The CCS contractor must give each new provider a copy of the Child Care Provider Manual. Revisions to

the Child Care Provider Manual must be distributed to providers by CCS contractors immediately upon

revision. The provider must acknowledge receipt of the manual or manual revisions and must agree to

comply with all policies and procedures. If providers are found to be in serious non-compliance or debarred

from other state or federal programs, the CCS contractor must terminate the Provider Agreement.

CCS contracted providers may charge parents, except for those listed below the difference when their

published rate exceeds the maximum reimbursement rate.

Parents participating in Choices

Parent participating in FSE&T services

Parents who have children who are receiving protective services, unless DFPS assesses the parent

share of cost.

Contracted Child Care providers must not discriminate against CCS contractor children and must:

accept direct CCS contractor referred children in all age groups for which care is available to the

general public;

not limit direct CCS contractor referrals to children of their own employees; and

not refuse to serve direct CCS contractor referred children during any portion of a 24-hour service

day when 24 hour service is offered to the general public.

Child Care providers may:

limit the total number of direct CCS contractor referred children accepted;

limit the number of direct CCS contractor referred children accepted in specified age groups; or

limit the number of direct CCS contractor referred children accepted during specified portion of

the service day.

refuse to serve children authorized by their Child Care Contractors only if they have reasonable

cause, such as:

o the parent refuses to provide an immunization record,

o the parent does not follow vendor rules, or

o the parent continually verbally abuses vendor staff.

o the parent refuses to use the CCAA system by choice, and through no fault of the CCAA

system or technical error.

Child Care providers must inform their Child Care Contractor before telling parents they will no longer

serve them, giving the Child Care Contractor time to find an alternate child care arrangement for the parent.

These limits must be negotiated and included in the Provider Agreement before the agreement is signed. A

provider may amend their contract in order to change the limits previously included or excluded.

Relative Child Care Providers:

Relative Child Care Providers as defined in 809.2(18) shall not reside in the same household as the eligible

child.

An individual appearing on the Texas Department of Public Safety’s Sex Offender Registry, shall not be

eligible to be a relative child care provider. This must be verified by the Subcontractor at the following

points:

1) The parent’s initial eligibility determination

2) Each time the parent has an eligibility recertification

3) If the parent changes to a new relative child care provider.

Attendance

Providers participating with Workforce Solutions Brazos Valley Child Care Services must utilize the Child

Care Automated Attendance system. Providers must ensure that CCS card holders utilize the CCAA

system. CCS payments will be directly correlated with CCS child/children attending their specified child

care facility. The CCAA system will serve as the attendance record for providers. Providers are

responsible for ensuring that parents utilize the CCS system in order to receive reimbursement payments.

Providers are responsible for contacting the CCS contractor when an enrolled child has not attended the

first three days of scheduled care, even if the parent has reported the absences using CCAA.

Monitoring Attendance

The CCS contractor must, at minimum routinely monitor attendance through the CCAA web portal, but

may have additional procedures in place for additional attendance monitoring and terminating a child’s

enrollment when excessive absences occur. WSBVB defines routinely monitoring the CCAA web portal

as at least once per week. WSBVB defines excessive absences as five consecutive days without parental

notice or thirty days in a 12-month period. The 12-month period is tracked separately for each child and

begins on the first day of enrollment in child care. Providers must review their CCAA system attendance

and absence reports, at a minimum, every five calendar days. Providers must report to the parent their

failure to use the CCAA system before the seven day window has passed to correct a missed swipe. If the

provider notifies a parent of their failure to use CCAA after seven days has passed and the failure was

through no fault of the CCAA system or technical error, then the provider will not be reimbursed for those

days of care by the CCS contractor or WSBVB. The provider should keep documentation that they notified

the parent of the parent’s failure to swipe and need to fix within 5 days of the error being made. If the

parent failure to swipe is due to a technical error or lack of a CCAA swipe card, then the provider may

submit a manual claim to correct the billing error. Payment may be delayed if billing information is

submitted manually.

Reporting Absences:

Providers must call the CCS contractor to report if a child has been out for 3 consecutive days with no

contact. After 5 days without parental contact another call is placed to the contractor at which time care is

terminated immediately and the provider is ordered to stop billing for that child, unless the child is a WFC

or CPS client.

§809.93. Provider Reimbursement

(a) A Board shall ensure that reimbursement for child care is paid:

(1) to the provider only; and

(2) after the Board or its child care contractor receives a complete Declaration of Services

Statement from the provider verifying that services were rendered.

(b) The Declaration of Services Statement shall contain:

(1) name, age, and identifying information of the child;

(2) amount of care provided in terms of units of care;

(3) rate of payment;

(4) dates services were provided;

(5) name and identifying information of the provider, including the location where care is

provided;

(6) verification by the provider that the information submitted in the Declaration of Services

Statement is correct; and

(7) additional information as may be required by the Boards.

(c) A relative child care provider shall not be reimbursed for more children than permitted by the DFPS

minimum regulatory standards for Registered Child Care Homes. A Board may permit more

children to be cared for by a relative child care provider on a case-by-case basis as determined by

the Board.

(d) A Board shall not reimburse providers that are debarred from other state or federal programs unless

and until the debarment is removed.

(e) Unless otherwise determined by the Board and approved by the Commission for automated

reporting purposes, reimbursement for child care is based on the unit of service delivered, as

follows:

(1) A full-day unit of service is 6 to 12 hours of care provided within a 24-hour period; and

(2) A part-day unit of service is fewer than 6 hours of care provided within a 24-hour period.

(f) A Board or its child care contractor shall ensure that providers are not paid for holding spaces open

except as consistent with attendance policies as established by the Board.

(g) A Board or the Board's child care contractor shall not pay providers:

(1) less, when a child enrolled full time occasionally attends for a part day; or

(2) more, when a child enrolled part time occasionally attends for a full day.

(h) The Board or its child care contractor shall not reimburse a provider retroactively for new Board

maximum reimbursement rates or new provider published rates.




Provider Payments

Billing:

As of May 1, 2010 providers will no longer bill care for CCS customers. Billing is directly linked to the

CCAA system.

Reimbursements:

Reimbursements to providers will occur within 12 days from the subcontractor uploading data from the

CCAA system to the Texas Workforce Commission.

Gross Payment Amounts:

All the claims for individual clients for a particular claim period are summed to determine the provider’s

gross payment amount. The gross amount is adjusted by previous over- or under- payments to the provider.

The result is reduced by assessed parent fees, child-specific subsidies, recoupments, and sanctions remitted

directly by the parent.

Self-Arranged Child Care Reimbursements

Submitting Billing:

Must follow same process outlined above under reimbursements.

Documentation:

Parents must have all eligibility documents and provider information on file with the CCS contractor to

receive SACC payment.

Adjusting Payment Amounts:

The resulting total amount of care is reduced by assessed parent fees and previous over or under payments

to determine the payment and check amount.

Determining Units of Service

The unit of service for direct child care services is a full or part day enrollment. A child is enrolled to

attend for a specified schedule, based on the needs of the parent and the duration of care offered by the

provider selected by the parent. A full day enrollment is scheduled care of 6-12 hours in a 24-hour

calendar day. A part day of enrollment is scheduled care of less than six hours in a 24-hour calendar day.

Direct child care is not paid for on an attendance, slot, or actual cost basis. Occasionally an additional part

or full day of enrollment may be authorized.

Non-compliance with Other State or Federal Programs

The provider agreement will be terminated within 30 days for any contracted provider whose facility or

staff have been found to be in serious non-compliance with, seriously deficient by or debarred from other

State or Federal programs with concurrence from State office. CCS contractors retain lists of providers

identified by other State and Federal programs in order to determine eligibility status prior to enrollment as

contracted providers.

809.94 Child Care Providers on Corrective/Adverse Action with DFPS Policy

The following table summarizes the actions to be taken when a child care provider has been placed

on corrective or adverse action with DFPS.

Status Required

Notification

of Parents

Required to

Stop New

Enrollments

Required to

Remove

Currently

Enrolled

Children

Provider

Eligible to

Receive

Enhanced

Rates

Evaluation

Status

Yes No No No

Probationary

Status

Yes Yes No No

Adverse

Action

Yes Yes Yes No

Effective June 22, 2009, the following must happen:

Notification of Providers on Corrective or Adverse Action

Boards must be aware of the following:

• As of June 22, 2009, the Commission will begin sending Boards a list of providers placed

on corrective or adverse action with DFPS.

•DFPS will notify the Commission on a weekly basis of providers placed on corrective or adverse

action during the previous week.

Boards must ensure that parents are notified of a provider’s status only after receiving official

notification from the Commission.

Children Currently Enrolled with a Provider on Corrective Action When a provider is placed on corrective action in either evaluation or probationary status by

DFPS, Boards must ensure that parents with children enrolled in Commission-funded child care

with that provider are notified in writing of the provider’s corrective action status no later than five

business days after receiving Commission notification of the provider’s status.


• Parents are allowed to continue a child’s enrollment with a provider on corrective action as long

as the parent acknowledges in writing that he or she is aware of the provider’s status with DFPS,

but chooses to continue care with the provider.

•Written acknowledgment of the parent’s choice to continue care with the provider must be signed

and returned to the Board’s child care contractor within 10 business days of the date of the

notification.

• Failure to sign and return the written acknowledgement and decision to continue care with the

provider within 10 business days will be considered a voluntary withdrawal from child care by

the parent.

Parents Requesting a Transfer to Another Eligible Provider


• A parent requesting a transfer to another eligible provider is not required to submit the request in

writing, and can submit the transfer request over the phone.

• Transfer requests, in writing or by telephone, must be made within 10 business days of the date

of the notification.

Enrollment of New Children with a Provider on Corrective Action Boards must ensure that providers on probationary status do not receive new referrals or

enrollments. Boards must ensure that parents choosing to enroll new children in Commission-

funded child care with a provider on evaluation status are notified in writing of the provider’s

evaluation status prior to enrollment.


• Parents are allowed to enroll new children with a provider on evaluation status as long as the

parent acknowledges in writing that he or she is aware of the evaluation status with DFPS.

• Written acknowledgment of the parent’s choice to enroll the child with the provider must be

signed and returned to the Board’s child care contractor within 10 business days of the date of the

notification.

•Failure to sign and return the written acknowledgement of decision to enroll the child with the

provider within 10 business days will bbe considered a voluntary withdrawal from child care by

the parent.

Enhanced Reimbursement Rates Boards must ensure that providers are not reimbursed at Boards’ enhanced reimbursement rates

while on evaluation or probationary status with DFPS.

Providers on Adverse Action When DFPS is taking adverse action against a provider, Boards must ensure that:

• parents with children enrolled in Commission-funded child care with the provider are notified, in

writing or by telephone, no later than two business days after receiving Commission notification

that DFPS intends to take adverse action against the provider;

• children enrolled in Commission-funded child care with the provider are transferred to another

eligible provider no later than five business days after receiving Commission notification t

hat DFPS intends to take adverse action against the provider; and

•no new referrals for Commission-funded child care are made to the provider while DFPS is

taking adverse action.

Boards must take the above actions for situations in which DFPS has determined that the provider

poses an immediate risk to the health or safety of children and cannot operate pending appeal of

the adverse action, but a valid court order has overturned DFPS’ determination allowing the

provider to operate pending administrative review or appeal.

Written Notification to Parents Regarding Providers Placed on Corrective or Adverse

Action Boards may develop letters to notify parents of a provider’s status with DFPS.

Attachment 1, or a locally developed corrective action notification form, is included with the letter

to parents; and

• locally developed forms retain the following:

Board name

Parent name

Case number

Child care provider

Date notification sent

Type, purpose, and explanation of corrective action

Parent options for responding to the notification

Requirement to respond within 10 business days

A statement that withdrawal from child care is voluntary and the parent

will be responsible for full cost of care if no response is received

Signature block as shown on Attachment 1

Transfers Resulting from Corrective or Adverse Action Notices Boards must be aware that if the parent transfers the child because the provider is on corrective or

adverse action, then the transfer must not be counted against the parent under the Board’s transfer

policy.

Written Notification to Providers Regarding New Provider Requirements Pursuant to §809.92(a), Boards must ensure that providers are given written notice of and agree to

the provider requirements found in §809.94 and described in this WD Letter.

SUBCHAPTER F. FRAUD FACT-FINDING AND IMPROPER PAYMENTS

§809.111. General Fraud Fact-Finding Procedures

(a) This subchapter establishes authority for a Board to develop procedures for the prevention of fraud

by a parent, provider, or any other person in a position to commit fraud consistent with fraud

prevention provisions in the Agency-Board Agreement.

(b) A Board shall ensure that procedures for researching and fact-finding for possible fraud are

developed and implemented to deter and detect suspected fraud for child care services in the

workforce area.

(c) These procedures shall include provisions that suspected fraud is reported to the Commission in

accordance with Commission policies and procedures.

(d) Upon review of suspected fraud reports, the Commission may either accept the case for

investigation and action at the state level, or return the case to the Board or its child care contractor

for action including, but not limited to, the following:

(1) further fact-finding; or

(2) other corrective action as provided in this chapter or as may be appropriate.

(e) The Board shall ensure that a final fact-finding report is submitted to the Commission after a case is

returned to the Board or its child care contractor and all feasible avenues of fact-finding and

corrective actions have been exhausted.




The WSBVB has determined that there should be a fraud policy for consistent action, to include the

prevention and correction, researching and fact-finding, determination and appeal of cases of fraud

occurring in the programs under its control, either direct or through contractors.

The WSBVB and its staff will be diligent in their efforts to detect fraud on the part of clients, providers,

and contractors associated with the WSBVB. The WSBVB will follow the respective guidelines for the

reporting and disposition of such fraud as determined by the funding sources of the programs implemented

by WSBVB and will require that entities contracted to support WSBVB will also follow those guidelines.

Contractors to the WSBVB will create and implement local policies and procedures pertaining to fraud.

These policies and procedures are not to be in conflict with funding source or WSBVB policies and

procedures. These procedures will include investigation and reporting with emphasis on prevention within

the system.

Procedures:

No accusation of fraud or dishonesty of any kind, based on findings, shall be made against anyone even if

guilt seems apparent. Board staff, monitors, contractors, and outside parties are to follow these procedures:

1. Notify the appropriate Program Manager of the suspected fraud who will then notify the

appropriate Board Contract Manager. Suspected fraud will be reported to the Commission in

accordance with Commission policies and procedures. In those instances, Board staff will

complete an incident report and submit it as soon as possible.

2. Upon review of suspected fraud reports, the Commission may either accept the case for

investigation and action at the state level, or return the case to the Board for action including, but

not limited to, the following:

Further fact-finding: or

Other corrective action as provided in this chapter or as may be appropriate.

The Executive Director, BVCOG shall ensure that a final investigative report is submitted to the Board and

TWC, if applicable, after all feasible avenues of investigation and corrective action have been exhausted.

§809.112. Suspected Fraud

A parent, provider, or any other person in a position to commit fraud may be suspected of fraud if the

person presents or causes to be presented to the Board or its child care contractor one or more of the

following items:

(1) A request for reimbursement in excess of the amount charged by the provider for the child

care; or

(2) A claim for child care services if evidence indicates that the person may have:

(A) known, or should have known, that child care services were not provided as claimed;

(B) known, or should have known, that information provided is false or fraudulent;

(C) received child care services during a period in which the parent or child was not eligible

for services;

(D) known, or should have known, that child care subsidies were provided to a person not

eligible to be a provider; or

(E) otherwise indicated that the person knew or should have known that the actions were in

violation of this chapter or state or federal statute or regulations relating to child care

services.




The following action must be taken when the Child Care Services Contractor suspects fraud on the part of a

parent or caretaker:

1. Notify the Board contract manager of the suspected fraud immediately by telephone, followed by

written notification on the proper TWC form within 5 working days of discovering possible

fraudulent actions.

2. Send dated incident report along with relevant documentation and summary information to Board

contract manager. Document in writing the reason for suspecting fraud, including the total

reimbursement amount involved from TWC or the Board. Retain a copy of the action and all

documentation in the case file.

Upon review of suspected fraud reports, TWC will either accept the case for investigation and action at the

State level, or return the case to the Board or its Contractor for action including but not limited to the

following:

Further fact finding: or

Other corrective action as provided in this chapter or as may be appropriate.

Once all feasible investigation action has been completed, Board staff will submit a final investigation

report detailing all findings and any appropriate action taken. This report will be forwarded to appropriate

TWC administration for review and any additional action necessary. All feasible avenues of investigation

and corrective actions will be exhausted.

An executive summary will be presented to the Board for action at the Board meeting following the final

investigation closing report submitted to TWC. Clients are not eligible to return to services until all funds

owed as a result of fraud are repaid in full.

§809.113. Action to Prevent or Correct Suspected Fraud

(a) The Commission, Board, or Board's child care contractor may take the following actions if the

Commission finds that a provider has committed fraud:

(1) Temporary withholding of payments to the provider for child care services delivered;

(2) Nonpayment of child care services delivered;

(3) Recoupment of funds from the provider;

(4) Stop authorizing care at the provider's facility or location; or

(5) Any other action consistent with the intent of the governing statutes or regulations to

investigate, prevent, or stop suspected fraud.

(b) The Commission, Board, or Board's child care contractor may take the following actions if the

Commission finds that a parent has committed fraud:

(1) recouping funds from the parent;

(2) prohibiting future child care eligibility, provided that the prohibition does not result in a

Choices or FSE&T participant becoming ineligible for child care;

(3) limiting the enrollment of the parent's child to a regulated child care provider; or

(4) anyother action consistent with the intent of the governing statutes or regulations to

investigate, prevent, or stop suspected fraud.



WSBVB Policy Actions to Prevent or Correct Suspected Fraud –

TWC, the Board, or the Contractor may take the following actions if a person is found to have committed

fraud:

1. Suspension, nonrenewal, or termination of child care or a Provider Agreement;

2. Temporary withholding of payments to the parent or provider of child care delivered;

3. Nonpayment of child care delivered;

4. Recoupment of funds from the parent or provider; or

5. Any other action consistent with the intent of the governing statues or regulations to investigate,

prevent or stop suspected fraud.

§809.114. Failure to Comply with Commission Rules and Board Policies

(a) The Board shall ensure that parents and providers comply with Commission rules.

(b) The Commission, Board or Board's child care contractor may consider failure by a provider or

parent to comply with this chapter as an act that may warrant corrective and adverse action as

detailed in §809.115 (relating to Corrective Adverse Actions).

(c) Failure by a provider or parent to comply with this chapter shall also be considered a breach of

contract, which may also result in corrective action as detailed in this subchapter.



WSBVB Guideline: Provider Agreement Violations

Providers must be informed upon signing the Child Care Provider Agreement that they have the right to file

a grievance with the Child Care Grievance Committee if they are not able to resolve a problem directly.

They must also be informed about key Child Care staff to contact regarding specific questions, concerns, or

conflicts. Specific staff with expertise in the area of concern should assist in solving the issue. Providers

must have a calling chart indicating who and when to contact with regard to specific problems.

The Child Care Provider Manual:

Providers must comply with the terms of their Child Care Provider Agreement and the policies and

procedures in the Child Care Provider Manual. The Child Care Provider Manual is incorporated by

reference as part of the agreement. CCS contractors must monitor provider compliance with the

requirements of the Child Care Provider Agreement and the Child Care Provider Manual.

Non-Compliance:

When providers are found to be in noncompliance with the Child Care Provider Agreement or Child Care

Provider Manual, CCS contractors will determine what action to take depending on the severity of the

noncompliance. A minor first time noncompliance could be addressed by a visit report. Corrective and

adverse actions are taken to address more serious noncompliance's.

When providers do not comply with SIA's, or Service Improvement Agreements, CCS contractors have a

basis for suspension, non-renewal, or termination of the Child Care Provider Agreement. CCS contractors

may have to respond immediately to a serious problem with an adverse action against a provider. CCS

contractors must contact the WSBVB Contract Manager for guidance with these problems before taking

action.

§809.115. Corrective Adverse Actions

(a) When determining appropriate corrective actions, the Board or Board's child care contractor shall

consider:

(1) the scope of the violation;

(2) the severity of the violation; and

(3) the compliance history of the person or entity.

(b) Corrective actions may include, but are not limited to, the following:

(1) Closing intake;

(2) Moving children to another provider selected by the parent;

(3) Withholding provider payments or reimbursement of costs incurred;

(4) Termination of child care services; and

(5) Recoupment of funds.

(c) When a provider violates a provision of Subchapter E of this chapter, a written Service Improvement

Agreement may be negotiated between the provider and the Board or the Board's child care

contractor. At the least, the Service Improvement Agreement shall include the following:

(1) The basis for the Service Improvement Agreement;

(2) The steps required to reach compliance including, if applicable, technical assistance;

(3) The time limits for implementing the improvements; and

(4) The consequences of noncompliance with the Service Improvement Agreement.



WSBVB Guideline: Adverse Actions

CCS contractors may take adverse actions against Child Care Providers. If the situation warrants action,

informal reviews and hearings may be requested by CCS contractors or Child Care Providers against whom

adverse actions have been taken.

§809.116. Recovery of Improper Payments

(a) A Board shall attempt recovery of all improper payments. The Commission shall not pay for

improper payments.

(b) Recovery of improper payments shall be managed in accordance with Commission policies and

procedures.



§809.117. Recovery of Improper Payments to a Provider or Parent

(a) The provider shall repay improper payments for child care services received in the following

circumstances:

(1) Instances involving fraud;

(2) Instances in which the provider did not meet the provider eligibility requirements in this

chapter;

(3) Instances in which the provider was paid for the child care services from another source;

(4) Instances in which the provider did not deliver the child care services;

(5) Instances in which referred children have been moved from one facility to another without

authorization from the child care contractor; and

(6) Other instances when repayment is deemed an appropriate action.

(b) A parent shall repay improper payments for child care in the following circumstances:

(1) Instances involving fraud as defined in this chapter;

(2) Instances in which the parent has received child care services while awaiting an appeal and the

determination is affirmed by the hearing officer; or

(3) Other instances in which repayment is deemed an appropriate corrective action.



WSBVB Guideline: Overpayments to Parents or Providers

When parents or caretakers receive payment for child care services that they are not entitled to, the CCS

contractor will recoup overpayments

The provider shall repay overpayments for child care received in the following circumstances:

(1) instances involving fraud;

(2) instances when the provider did not have a Provider Agreement in compliance with

BVWDB policy;

(3) instances when the provider exceeded the licensed capacity;

(4) instances when the provider was paid for the child care from another source;

(5) instances when the provider did not deliver the child care;

(6) instances when referred children have been moved from one facility to another

without authorization from the CCS contractor;

(7) instances when the provider transferred the Provider Agreement to any other entity,

facility, or location without notifying the CCS contractor, or as otherwise required by the CCS

contractor; or

(8) other instances when repayment is deemed an appropriate action.

Recoupment from providers, including Self Arranged Providers, due to overpayment by the CCS contractor

or mistakes in billings submitted by the provider, will be completed by reducing the monthly

reimbursements to the provider until the full amount overpaid is accounted for.

(b) A parent shall repay overpayments for child care in the following circumstances:

(1) instances involving fraud

(2) instances when the parent has received child care while awaiting an appeal and the

determination is affirmed by the hearing officer; or

(3) other instances when repayment is deemed an appropriate corrective action.

Clients receiving child care services and are delinquent in paying their parent share to the provider will be

placed on a payment plan with CCS until fees are collected in full. During the repayment period, the parent

share will increase until all fees are recouped. Sanctions included in the parent share will not be removed.

Failure to pay in full the delinquent fees will result in termination of child care services. Care will not be

reinstated and the client may not transfer to another provider until all fees are paid in full.

Any money recouped from a provider or parent for any reason must be returned to TWC within 15 working

days of collection. The amount of money and the reason it was collected must be explained with a contact

name included with the remittance. A copy of the information must be forwarded to the WSBVB contract

manager when sent to TWC. The recoupment should be forwarded to the following address:

Controller Department

101 E. 15th Street, RM. 0218

Austin, TX 78778-0001

Recoupment from providers and clients involved in fraudulent child care activity:

Any case in which money was collected from the WSBVB, regardless of amount, determined by

the Executive committee as fraudulent, will be referred to the appropriate legal authority in the

proper county for action.

If money is to be collected for repayment of services received under ineligible circumstances, a

payment plan will be arranged by Board staff and approved by the Executive Director. Payments

must be made by check or money order will be collected by the BVCOG for return to the State.

Payment plans must not exceed 10 years.

SUBCHAPTER G. APPEAL PROCEDURES

§809.131. Board Review

(a) A parent, provider, or a Board's child care contractor against whom an adverse action is taken may

request a review by the Board.

(b) A request for review shall be submitted in writing and delivered to the Board within 14 days of the

date of written notification of the adverse action. The request shall also contain:

(1) a concise statement of the disputed adverse action;

(2) a recommended resolution; and

(3) any supporting documentation the requester deems relevant to the dispute.

WSBVB Guideline: Appeals to TWC

If a CCS contractor or provider disagrees with the results of a local review they may file an appeal of the

review and request a Hearing. This must be done within 14 calendar days after receiving written

notification of the results of the Local Review. The Hearing is limited to the issues and information that

were considered in the Local Review process. No new issues may be introduced.

The review and hearing process does not affect the adverse action taken by the WSBVB or the CCS

contractor, or action taken by the CCS contractor against a provider.

The adverse action, including termination of a CCS contractor contract or a provider agreement, that was

enacted before the review and the review and hearing process does not affect the adverse action taken by

WSBVB or the CCS contractor, or action taken by the CCS contractor against a provider.

The adverse action, including termination of a CCS contractor contract or a provider agreement, that was

enacted before the review and hearing process began is valid and remains in effect throughout the appeals

process.

(c) On receipt of a request for review, the Board shall coordinate a review by appropriate Board staff.

(d) Additional information may be requested from the Board's child care contractor, provider, and

parents. Such information shall be provided within 15 days of the request.

(e) Within 30 days of the date the request for review is received, or of the date that additional requested

information is received by the reviewing Board staff member, the Board shall send the Board's

child care contractor, provider, or parent written notification of the results of the review.

(f) A Board must have conducted a review prior to an appeal being submitted to the Commission for a

hearing.



§809.132. Appeals to the Commission

(a) After results of a review have been issued, the Board's child care contractor, provider, or parent who

disagrees with the outcome of the review mayrequest a Commission hearing to appeal the results of

the review.

(b) The request for appeal to the Commission from a Board's review shall be filed in writing with the

Appeals Department, Texas Workforce Commission, 101 East 15th Street, Room410, Austin,

Texas 78778-0001, within 15 days after receiving written notification of the results of the review.

(c) The appeal to the Commission will include a hearing, which is limited to the issues and information

considered in the Board review.

(d) The Commission hearing will be held in accordance with Commission policies and procedures

applicable to the appeal as contained in Chapter 823 of this title, or as otherwise provided by the

Commission.



Temporary ARRA Child Care Policy

Revised 4/2010

WSBVB will allow CCDF-ARRA funds to be used in extending child care services an additional eight

weeks to children of parents who have lost their job and are currently receiving unemployment insurance

benefits; provide an additional four weeks of job search activities after their initial four weeks of job search

have been exhausted; and for parents who are unemployed but actively seeking employment.

The subcontractor will ensure that a customer who is actively employed, but not currently meeting the 30

hour per week single-parent household, or 55-hour per week dual-parent household, is eligible to complete

job search activities to obtain higher-sustainable employment, and utilize the CCDF-ARRA funded child

care services during the authorized dates the parent(s) is employed and/or completing job search activities.

Full-time care is defined as authorizing child care for six or more hours per day. Part-time care is justly

defined as authorized child care for anytime less than six hours per day.

The subcontractor will ensure that parent(s) who are underemployed and actively seeking employment with

a greater number of hours and/or a wage greater than currently receiving will be eligible for CCDF-ARRA

funded child care.

For a single parent household, a minimum combination of job search in addition to current

employment must equal 25 hours per week, authorizing care to be available on the dates and/or

times the employment and/or job search activities are being conducted.

For a two parent household, a minimum combination of job search in addition to current

employment must equal 50 hours per week, authorizing care to be available on the dates and/or

times the employment and/or job search activities are being conducted.

The subcontractor will utilize the procedures approved by WSBVB described in WD Letter 41-07, Change

2, issued October 1, 2008, entitled, “Verification Procedures for Choices and Food Stamp Employment and

Training Participants in Job Search – Additional Guidance” to verify job search activities. Job search

activities demonstrated and documented by parents receiving ARRA funded child care include:

Participating on a regular basis in activities such as:

o Job fairs;

o Directed job search activities at a Texas Workforce Center; and

o Physically directed job search activities requiring direct contact with employers and

necessitating child care services.

Engaging in job search activities for a minimum of 25 hours per week at a wage at least equal to

the minimum wage in order to continue CCDF-ARRA direct child care services.

For all CCDF-ARRA funded direct child care, the parent(s) must only be authorized for care on the dates

and times that they are currently underemployed and/or conducting job search activities. For parents

achieving 25 hours per week, maximum care is part-time on the days that job search is being conducted.

Full-time care can only be authorized if a parent is achieving a minimum of 30 hours per week on the days

that job search is being conducted.

If a parent(s) does not meet or report the required amount of job search and/or employment activities by the

last day of the week, the subcontractor will be responsible for terminating care effective immediately, or

the subcontractor will be held responsible for the disallowed costs of care. The subcontractor has the right

to implement a penalty system for clients that do not meet the proper job search and/or employment hour

requirements during any week services were rendered.

The subcontractor must verify reduced employment hours with a parent(s) employer, ensuring that

employment hours were actually reduced by the employer and not a voluntary reduction by the parent(s)

receiving child care services.

The subcontractor must be aware that parents receiving CCDF-ARRA funded direct child care services are

not subject to the continuity of care under 809.54(a); and furthermore that these parents are notified that

they are not assured of continued child care services following the expiration of CCDF-ARRA funding.

The subcontractor will place the burden of responsibility on the parent(s) for reporting changes or

reductions in employment/job search hours timely, defined as up to ten days from the date of the action, or

they will be terminated. WSBVB At-Risk Formula child care parent(s) who experience a reduction in

employment hours, making them ineligible for the WSBVB At-Risk Formula child care, are eligible to

transition to the appropriate amount of care in CCDF-ARRA funded child care as long as the parent(s) meet

the minimum program requirements outlined within this policy, and report the change in their child care

case in a timely manner. The subcontractor will be responsible for processing any changes timely, or the

subcontractor will be penalized with disallowed costs for untimely processing of information.

The subcontractor must provide parents with documentation notifying mandated compliance with CCDF-

ARRA funded child care. The form must include an understanding of compliance in extended UI recipient

parents, understanding of compliance with authorized job search activities, and understanding that CCDF-

ARRA funded child care is not subject to continuity of care meaning the child care services will cease upon

exhaustion of funding.

The subcontractor must provide parents with the following forms:

2400: Parents Acknowledgement of Rights and Responsibilities

2050: Application and Eligibility Certification for Services

2450: Authorization for Child Care Enrollment

o The authorized days for care must be indicated on this form when provided to parent and

applicable child care provider.

o The form must contain a location for the parent to sign acknowledging the facility, date,

and type of care to be provided.

CCDF-ARRA Compliance/Awareness form

Acknowledgement of TWC Swipe Card System requirements

All forms must be signed by the appropriate subcontractor employee and the customer receiving CCDF-

ARRA funded child care or the subcontractor will owe the cost of care paid by WSBVB.

The subcontractor will also be responsible for ensuring that the following documentation is provided for

each recertification or enrollment into CCDF-ARRA funded child care:

Most recent two consecutive months of pay stubs with gross income and hours worked, or an

Employment/Wage Verification form verified with the person signing the form at the respective

place of employment.

HHSC-TIERS printout

UI Wage Detail printout

School attendance verification (if applicable)

Child support Documentation

o Acceptable documentation will include the most recent three consecutive full months of

child support received through the Office of the Attorney General or signed and verified

documentation of Supplemental Family Income from the custodial and non-

custodial/supportive person(s).

1)

Subcontractors should use the procedures described in WD 41-07, Change 2, titled “Verification

Procedures for Choices and Food Stamp Employment and Training Participants in Job Search – Additional

Guidance” to verify job search activities.

subchapter a. general provisions §809.1....

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