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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 809CHILD CARE SERVICES
SUBCHAPTER EREQUIREMENTS TO PROVIDE CHILD CARE
RULE §809.92Provider 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.

(e) Providers shall not deny a child care referral based on the parent's income status, receipt of public assistance, or the child's protective service status.

(f) Providers shall not charge fees to a parent receiving child care subsidies that are not charged to a parent who is not receiving subsidies.


Source Note: The provisions of this §809.92 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155

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