40 TAC §809.5
The Texas Workforce Commission (Commission) adopts on an
emergency basis new §809.5, concerning Stay for Children of Military
Parents in Combat Deployment.
The purposes of the rule are to provide for continuity of child care services
for affected children and to alleviate any potential hardship on military
parents deployed to combat conditions. Military personnel in combat deployment
receive supplemental combat pay. The supplemental pay, if included in the
income eligibility calculation, could make the deployed parent ineligible
for child care services. The rule maintains the eligibility of children of
a single or dual military parent who are in combat duty. It also freezes the
parents' share of cost for those parents and authorizes the boards to take
appropriate action to ensure that there is no disruption of care to the children
of military parents in combat deployment.
In accordance with §2001.034 of the Government Code, this emergency
rule is being adopted to protect the health, safety, and welfare of the children
of Texas whose parent(s) are deployed to military combat away from their home
base. The removal (or the threat of removal) from the secure environment of
a known care provider during such a traumatic time would endanger the health
safety and welfare of those children. Also the loss of eligibility for child
care subsidy may create irreparable harm to the family's economic welfare
such that the family does not remain self-sufficient, does not remain off
of public assistance, or does not continue transitioning off of public assistance.
In addition, to ensure that each child whose parent has been deployed to military
combat continues to receive quality child care, it may be necessary for the
subsidy to "transfer" with the child to the temporary legal guardian during
the time of military deployment. Likewise, the disruption of the care of the
child and the harm to the family from the loss of child care may inhibit the
ability of the deployed military parent from focusing on his or her military
mission, the safety and security of our nation's interests.
The section adds a definition of "combat deployment" as the deployment
to military combat away from the home base of the single military parent or
the dual military parents of an eligible child enrolled in TWC subsidized
child care. The definition includes parents in the regular military, the reserves,
or national guard.
For information about services for employers and job seekers go to www.texasworkforce.org
or contact your local workforce development board.
The emergency rule is adopted under Texas Labor Code, §301.061
and §302.021, which provides the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of the Commission programs.
The emergency rule affects Texas Labor Code Title 4, particularly Chapters
301 and 302 and Chapter 44, Human Resources Code.
§809.5.Children of Military Parents in Combat Deployment.
(a)
For purposes of this section "combat deployment" means
the deployment to military combat away from the home base of the single military
parent or the dual military parents of an eligible child enrolled in TWC subsidized
child care. This includes deployed parents in the regular military, military
reserves, or national guard.
(b)
A board shall ensure that no children of military parents
in combat deployment have a disruption of child care services or eligibility
due to the combat deployment.
(c)
Board actions may include but are not limited to:
(1)
disregard increased income related to the combat deployment;
(2)
freezing the parents' share of cost during the combat deployment;
and
(3)
other actions approved by the Board necessary to implement
this section.
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on April 16, 2003.
TRD-200302494
John Moore
General Counsel
Texas Workforce Commission
Effective Date: April 16, 2003
Expiration Date: August 14, 2003
For further information, please call: (512) 463-2573