| (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.
(d) The Board shall develop policies and procedures
to ensure that the Board or the Board's child care contractor take
corrective action consistent with subsections (a) - (c) of this section
against a provider when a provider:
(1) possesses, or has on the premises, attendance cards
without the parent being present at the provider site:
(2) accepts or uses an attendance card or PIN of a
parent or secondary cardholder; or
(3) performs the attendance reporting function on behalf
of a parent.
(e) The Board shall develop policies and procedures
to require the Board's child care contractor to take corrective action
consistent with subsections (a) - (c) of this section against a parent
when a parent or parent's secondary cardholder gives his or her:
(1) card to a provider; or
(2) PIN to a provider.
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