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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER JASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS
DIVISION 1RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM
RULE §700.1013Who is eligible for child-care services?

(a) In this section, the following terms have the following meanings:

  (1) "Child-care services" has the same meaning as "day care."

  (2) "Day care" means the assessment, care, training, education, custody, treatment, or supervision of a child in DFPS conservatorship by a person other than the child's caregiver for less than 24 hours a day, but at least two hours a day, three or more days a week.

  (3) Emergency placement that is in the child's best interest" means that despite the exercise of reasonable diligence, compliance with the Department's verification process regarding the availability of community day care resources would interfere with a placement that is in the child's best interest.

(b) To the extent funds are available, DFPS may provide child-care services to a caregiver who meets the requirements in §700.1003 of this title (relating to What are the eligibility requirements for caregiver assistance?) if:

  (1) all appropriate caregivers work outside the home 40 hours per week or more;

  (2) the caregiver is a resident of Texas; and

  (3) the caregiver verifies in writing that the caregiver has attempted to find appropriate day-care services for the child through community services, including:

    (A) Head Start programs;

    (B) Prekindergarten classes;

    (C) Early education programs offered in public schools; and

    (D) Any other available and appropriate resources in the caregiver's community.

(c) To monitor the spending of funds, a priority system among caregivers will also be established in policy. The priority system will be based upon need, but at a minimum will require:

  (1) a determination by DFPS that the provision of day care is critical to maintaining the placement of the child with the caregiver; and

  (2) at least one child placed by DFPS is:

    (A) under six years of age or over six years of age but in day care during a scheduled break in the public school system; or

    (B) at least one child placed by DFPS has a developmental delay (including physical, emotional, and cognitive or language) or physical disability.

(d) Notwithstanding any other provision of this section, if DFPS determines that requiring the written verification of a caregiver's attempts to find appropriate community day-care services would prevent an emergency placement in the child's best interest, DFPS may waive the submission of the written verification of the caregiver's attempts. DFPS is authorized to require the submission of the written verification at any point following the initial authorization of day care services.

(e) The Assistant Commissioner for Child Protective Services may grant a good cause waiver of any of the requirements in paragraphs (1) and (2) of subsection (b) of this section if that person determines that:

  (1) the placement cannot be sustained or is unlikely to be sustained if the caregivers cannot receive day care;

  (2) there is no reasonable alternative to the provision of day care, such as a change in working hours; and

  (3) day care services are only authorized in increments that are commensurate with the hours and days the relative caregiver must be outside the home for employment.


Source Note: The provisions of this §700.1013 adopted to be effective December 1, 2005, 30 TexReg 7486; amended to be effective March 1, 2014, 39 TexReg 1174

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