| (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 §809.75(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 CPS 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.
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