Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 12.
SPECIAL NUTRITION PROGRAMS
Subchapter A. CHILD AND ADULT CARE FOOD PROGRAM (CACFP)
2.
ELIGIBILITY OF CONTRACTORS AND FACILITIES
40 TAC §12.21
The Texas Department of Human Services (DHS) adopts an amendment
to §12.21 without changes to the proposed text published in the December
5, 2003, issue of the
Texas Register
(28 TexReg
10900).
Justification for the amendment is to remove the specific dollar amount
of the threshold for the single audit requirements and to provide the reference
for compliance to 7 Code of Federal Regulations (CFR) Part 3052. This amendment
makes the rule consistent with corresponding audit rules in Chapter 12.
DHS received no comments regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Chapters
22 and 33, which authorizes DHS to administer public and nutritional assistance
programs.
The amendment implements the Human Resources Code, §§22.0001-22.040
and §§33.001-33.027.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400121
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: January 28, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 438-3734
Chapter 183.
BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
Subchapter A. DEFINITIONS AND BOARD OPERATIONS
40 TAC §183.9
The Texas Commission for the Deaf and Hard of Hearing adopts
an amendment to §183.9, without changes to the text as published in the
November 7, 2003,
Texas Register
(28 TexReg
9789).
This amendment will add language regarding the definition of a court interpreter.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400137
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.701
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.701, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9790).
This new rule will add language defining the scope of the court interpreter
program.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400125
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.706
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.706, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9791).
This new rule will add language defining the examination requirements to
become certified as a court interpreter.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400126
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.707
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.707, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9791).
This new rule will add language defining the training and requirements
necessary to enable a person to take the court interpreter examination.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400127
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.708
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.708, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9792).
This new rule will add language defining the training and mentor requirements
necessary to be approved by the Commission prior to the court interpreter
examination.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400128
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.709
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.709, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9792).
This new rule will add language defining the requirements necessary to
be approved by the Commission to renew a person’s court interpreter
certification.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400129
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.710
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.710 with changes to clarify section (d). The rule was originally
issued and posted in the November 7, 2003, issue of the
Texas Register
(28 TexReg 9793).
This new rule will add language defining the responsibilities of a certified
court interpreter.
No comments were received.
The new section is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted new section.
§183.710.Responsibilities of certified court interpreter--General.
(a)
A certified court interpreter must provide the following
written notification to the court: "Certified by the Texas Commission for
the Deaf and Hard of Hearing. Complaints about the services provided by this
person may be presented to the Commission at P.O. Box 12904, Austin, Texas
78711." The notification shall also be included on all contracts and invoices
for court interpreter services.
(b)
A certified court interpreter shall present their court
interpreter certification card upon the request of a court or an officer of
the court.
(c)
A certified court interpreter shall notify the Commission,
in writing, within thirty (30) days of any change in the certified court interpreter's
name, address, or telephone number.
(d)
A Level III, IV or V certified interpreter, or RID certified
CSC, IC/IT, RSC. MCSC interpreter who is not a certified court reporter who
interprets in court shall inform the court.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400130
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.711
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.711, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9793).
This new rule will add language defining the fees required to apply to
become a certified court interpreter.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400131
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.712
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.712, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9794).
This new rule will add language outlining authority of the agency to impose
administrative sanctions on a person who interprets in a court and is not
qualified to function as a court interpreter.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400132
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.713
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.713, without changes to the text as published in the November
7, 2003, issue of the
Texas Register
(28 TexReg
9794).
The new rule will add language outlining process and actions that the agency
may impose upon a person who interprets in a court and is not qualified to
function as a court interpreter.
No comments were received regarding the new section.
The new section is adopted under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by the adopted new section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400133
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.714
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.714, without changes to the text as published in the November
7, 2003, issue of the
Texas Register
(28 TexReg
9795).
The new rule will add language outlining disciplinary actions that the
agency may enact upon a person who interprets in a court and is not qualified
to function as a court interpreter.
No comments were received regarding the new section.
The new section is adopted under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by the adopted new section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400134
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.715
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.715, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9796).
This rule will add language outlining disciplinary actions guidelines that
the agency will utilize when a person interprets in a court and is not qualified
to function as a court interpreter.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400135
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
40 TAC §183.716
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.716, without changes to the text as published in the November
7, 2003,
Texas Register
(28 TexReg 9797).
This new rule will add language clarifying the continuing education requirements
of a certified court interpreter.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 8, 2004.
TRD-200400136
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: January 28, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 407-3250
Chapter 809.
CHILD CARE AND DEVELOPMENT
The Texas Workforce Commission (Commission) adopts the repeal of the
following sections of Chapter 809, relating to Child Care and Development
without changes to the proposal as published in the October 31, 2003, issue
of the
Texas Register
(28 TexReg 9496):
Subchapter A, General Provisions, §809.1;
Subchapter B, General Management Requirements, §809.20;
Subchapter C, Requirements to Provide Child Care, §809.44 and §809.46;
Subchapter D, Self-Arranged Care; §809.61 and §809.62;
Subchapter E, Parent Rights and Responsibilities, §§809.72, 809.78
and 809.79;
Subchapter F, General Eligibility for Child Care, §809.92 and §809.93;
Subchapter G, Child Care for People Transitioning Off Public Assistance, §809.101;
Subchapter H, Children of Parents at Risk of Becoming Dependent on Public
Assistance, §§809.121 - 809.123;
Subchapter K, Funds Management, §§809.225, 809.226 and 809.231;
Subchapter M, Appeal Procedure, §809.271;
Subchapter N, Corrective and Adverse Action, §809.283; and
Subchapter O, Child Care Train Our Teachers (TOT) Award, §§809.301
- 809.304, 809.311 - 811.314, 809.331, and 809.332.
The Commission adopts new rules for the following sections of Chapter 809
without changes to the proposed text as published in the October 31, 2003,
issue of the
Texas Register
(28 TexReg 9496):
Subchapter A, General Provisions, §809.1;
Subchapter D, Self-Arranged Care, §809.63;
Subchapter E, Parent Rights and Responsibilities, §809.78 and §809.79;
Subchapter F, General Eligibility for Child Care, §809.92 and §809.93;
Subchapter H, Children of Parents at Risk of Becoming Dependent on Public
Assistance, §809.123;
Subchapter K, Funds Management, §809.226 and §809.231; and
Subchapter M, Appeal Procedure, §809.271.
The Commission adopts new rules for the following sections of Chapter 809
with changes to the proposed text as published in the October 31, 2003, issue
of the
Texas Register
(28 TexReg 9496):
Subchapter B, General Management, §809.20;
Subchapter C, Requirements to Provide Child Care, §809.44 and §809.46;
Subchapter D, Self-Arranged Care, §809.61 and §809.62;
Subchapter E, Parent Rights and Responsibilities, §809.72;
Subchapter G, Child Care for People Transitioning Off Public Assistance, §809.101;
Subchapter H, Children of Parents at Risk of Becoming Dependent on Public
Assistance, §809.121 and §809.122;
Subchapter K, Funds Management, §809.225; and
Subchapter N, Corrective and Adverse Action, §809.283.
PART I. PURPOSE AND BACKGROUND
A. Purpose
B. Background
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
PART III. COORDINATION OF ACTIVITIES
PART IV. PUBLIC COMMENTS AND RESPONSES
PART I. PURPOSE AND BACKGROUND
A. Purpose
The purpose of the rule changes is, in part, to comply with federal and
state statutory requirements. The rule changes also promote the efficient
use of available funds providing affordable, safe and nurturing child care
services to the maximum number of eligible families in order to enable them
to achieve or maintain self-sufficiency. The Commission also removes certain
obsolete rule provisions.
B. Background
The Commission adopts rule changes in order to comply with federal laws
regarding the exclusion of certain federal educational loans and monetary
allowances paid to certain children of Vietnam veterans from the income eligibility
calculation. The Commission also adopts the rule changes in response to Senate
Bill 280 (SB 280) enacted by the 78th Legislature, Regular Session, which
requires modifications in the parent notification period for terminating child
care services. SB 280 also allows the Commission the option of discontinuing
the Train Our Teacher (TOT) scholarship program. The Commission also makes
technical amendments to reflect the name change from the Texas Department
of Protective and Regulatory Services (TDPRS) to the Texas Department of Family
and Protective Services (TDFPS) as required by House Bill 2292, enacted by
the 78th Legislature, Regular Session.
The proposed rule changes also provide clarification and establish new
statewide parameters for local policies involving minimum work-activity hours,
reimbursements to providers, and the parent responsibility agreement.
PART II. EXPLANATION OF INDIVIDUAL RULE AMENDMENTS
§809.1. Short Title and Purpose.
The Commission repeals §809.1(c) relating to the effective date for
the implementation of the child care rules adopted in February 1999. It includes
the provision that "...until September 1, 1999, the Boards shall continue
to comply with the rules in effect on January 1, 1999." It also provides that
Boards have until December 1, 1999 to implement direct payments to providers
for self-arranged child care. The purposes for which these specific rules
were adopted have been served, and they are no longer relevant.
The Commission also adds a new §809.1(c) that provides clarification
related to the repeal of Subchapter O, Child Care Train Our Teachers (TOT)
Award. SB 280 amends §302.066(a) of the Labor Code, making it optional
rather than mandatory for the Commission to continue awarding TOT scholarships.
Both the 76th and 77th Legislatures appropriated funds specifically to support
the TOT scholarship awards. The 78th Legislature, however, appropriated no
funds specifically to support the continuation of the TOT scholarships in
the 2004 - 2005 biennium. Furthermore, an evaluation of the first two years
of the TOT program indicates that the scholarships are not achieving the results
intended.
Section 809.1(c) stipulates that the Texas Workforce Commission will continue
to administer and honor TOT scholarships awarded prior to July 1, 2003, under
the rules in effect when the scholarship was awarded. The new rule also stipulates
that repeal of the TOT award will not prohibit the Commission from enforcing
the employment and reporting obligations required of TOT awardees.
§809.20. Leveraging Local Resources.
The Commission changes §802.20(a)(1) by adding subparagraph (B) in
order to allow Boards to include certifications of eligible expenditures by
private entities in their local match requirements. With the increase in the
amount of local match required in the state's General Appropriations Act for
the 2004 - 2005 biennium, the ability to certify eligible expenditures by
private entities would assist the Boards in securing additional local matching
funds.
The federal regulations at 45 CFR, Part 98 §98.53 provide for the
use of certified or transferred public funds and for the use of private funds,
within certain limitations, to meet the state's matching funds requirements.
This rule change allows Boards to certify child care expenditures by private
entities provided that the expenditures do not expressly or effectively benefit
a specific individual, organization, facility or institution.
§809.44. Provider General Liability Insurance Requirements.
The Commission adopts a new §809.44 in order to set limits on Board
policies regarding liability insurance for child care providers. Prior to
this change the Boards had flexibility in determining if general liability
insurance would be required and the amount of the liability insurance required
for child care providers with signed agreements to serve Commission subsidized
children. The rule changes in §809.44 will align the liability insurance
requirements for child care with the state requirements stipulated in Chapter
42 of the Human Resources Code.
State law (§42.049 of the Human Resource Code) requires only licensed
child care centers to carry $300,000 per occurrence in general liability insurance.
If a center is unable to secure liability insurance or has exhausted the liability
limits stipulated in its policy, state law permits the Texas Department of
Family and Protective Services (TDFPS) to exempt the center from this requirement,
and the center must notify parents that they do not carry liability insurance.
Furthermore, state law does not require child care homes to carry liability
insurance to be licensed or registered by TDFPS.
Many Boards, however, in their agreements with child care providers require
liability insurance in excess of the $300,000, require providers to list the
contractor as the "additional insured" in the provider's policy, and do not
allow an exemption from the liability insurance requirement as stipulated
in the state standards. Most Boards also require liability insurance in their
agreements with licensed and registered child care homes, even though these
providers are not required by state law have general liability insurance.
It is the intent of the Commission that Boards not place additional requirements
on child care providers that are not required by state law. State law requires
liability insurance in the amount of $300,000 per occurrence only for licensed
child care centers. TDFPS is the agency responsible for regulating the child
care industry and thereby enforces the licensing requirements for that industry.
Boards do not have the authority to regulate or license child care providers
in any way, including requiring that providers maintain or obtain liability
insurance. The Boards' role is to ensure that providers that are required
to meet the state's licensing requirements are in good standing with TDFPS.
Boards are responsible for ensuring that parent choice is the basic foundation
upon which the services are delivered. To that end, Boards' contractors may
inform parents of the state's licensing requirements so parents can make informed
decisions when selecting a child care provider as part of the required consumer
education.
Other than consumer education, the Commission intends that no funds be
expended on regulatory activities relating to the licensing or monitoring
of child care providers, as that is the express statutory authority of TDFPS
and not an appropriate use of funds by a Board or a Board's contractor. Boards
must ensure that they and their contractors do not create the appearance of
regulating child care providers. The Boards should take steps to ensure that
parents are not under the impression that child care providers with agreements
are "approved" or otherwise "regulated" by the Boards or contractors, as this
would be contrary to the statutory division of authority between the TDFPS
and the Commission intended by the Legislature.
Information obtained from the National Child Care Information Center (NCCIC)
reveals that 26 states do not require liability insurance for licensed child
care centers. For the 24 states that do require liability insurance for licensed
child care centers, the average amount required is $300,000 per occurrence.
Of the 50 states, 41 do not require liability insurance for licensed or registered
child care homes. Six of those 41 states do require transportation insurance
if a provider transports children in care.
Section 809.44(a) specifies that Boards may not require licensed child
care centers to have insurance limits or requirements in excess of the state
licensing standards.
Section 809.44(b) ensures that licensed child care centers that are required
by TDFPS to have liability insurance, but are unable to obtain insurance or
have exhausted their liability limits, must notify TDFPS, the parents and
the Board that they do not have liability insurance. However, they must remain
eligible to receive child care subsidies as long as they remain licensed by
TDFPS.
Finally, §809.44(c) prohibits Boards from requiring liability insurance
for licensed or registered child care homes that are not required by the state
to have liability insurance.
§809.46. Assessing and Collecting Parent's Share of Cost Share.
The Commission changes §809.46(a) by removing the obsolete paragraph
(4). Prior to September 3, 2001, the rules stated that parents or caretakers
receiving TANF or SSI were exempt from the parent's share of cost. That exemption
was amended effective September 3, 2001 to include only parents who are participating
in TANF Choices employment services. The obsolete §809.46(a)(4) was part
of the old rules intended to clarify that the parent's share of cost was not
waived if the child was the only family member receiving TANF or SSI. This
provision became obsolete in September 3, 2001 when the exemption for SSI
recipients was repealed.
Repeal of §809.61, Qualifications to Provide Self-Arranged Care and §809.62,
Reimbursement for Self-Arranged Care; Addition of §809.61, Qualifications
to Provide Unregulated Relative Care, §809.62, Qualifications to Provide
Regulated Self-Arranged Care, and §809.63, Reimbursement for Self-Arranged
Child Care.
The Commission adopts rules to distinguish clearly between regulated self-arranged
care and unregulated relative self-arranged care. The Commission makes this
change in order to clearly specify that relative care is the only unregulated
child care provided by the state. The Commission repeals the previous §809.61,
Qualifications to Provide Self-Arranged Care. The Commission establishes a
new §809.61, Qualifications to Provide Unregulated Relative Self-Arranged
Care. The provisions relating to regulated self-arranged care are included
in a new §809.62, Qualifications to Provide Regulated Self-Arranged Care.
The previous §809.62, Reimbursement for Self-Arranged Care is now §809.63.
§809.72. General Parent Rights.
The Commission amends §809.72 to add paragraph (6) regarding the notification
of termination of child care in order to comply with SB 280 enacted by the
78th Texas Legislature, Regular Session. Section 809.72(6) applies only to
parents terminated from at-risk child care in order to make room for mandatory
state priority groups. Section 809.72(5) requiring written notification by
the Board's contractor at least 15 days before the denial, delay, reduction,
or termination of child care remains in effect for all other care.
The intent of SB 280 is to require a 30-day notification to parents whose
child care is terminated, denied or reduced to make room for priority groups.
The only exceptions provided by SB 280 are if the 30-day notice would interfere
with the ability of the Board to comply with its duties regarding the number
of children served or would require the expenditure of funds in excess of
the amount allocated to the Board. Under these circumstances the notice may
be provided on the earliest date on which it is practicable for the Board.
SB 280 also requires that the written notification include information regarding
other child care services for which the recipient may be eligible.
The Commission adds §809.72(5)(C) that allows the exceptions to the
30-day notification as stipulated by SB 280. The Commission also adds §809.72(6)
to require that the written notification include information regarding other
child care services for which the recipient may be eligible.
§809.78. Parent Responsibility Agreement.
The Commission changes §809.78(b)(1) in order to define more clearly
how parents must show cooperation with the Office of the Attorney General
(OAG), if necessary, to establish paternity and to enforce child support as
required by the Parent Responsibility Agreement (PRA).
Commission staff contacted the Texas Department of Human Services (TDHS)
to determine how that agency defines this section of the Personal Responsibility
Agreement signed by TANF recipients. The rule change aligns child care rules
with the TDHS definition regarding this section of the PRA.
The new language stipulates that the parent must show cooperation with
the Office of the Attorney General on an ongoing basis by: providing information
about and helping to locate the absent parent; helping to establish paternity;
and appearing in court hearings or other meetings to establish child support.
The Commission also changes §809.78(b)(3) in order to correct the
reference to the citation in the Education Code regarding exemption from school
attendance as required by the PRA. The previous rule cites §21.003 of
the Education Code; however, the correct citation is §25.086.
§809.79. Parent Responsibility Agreement, Sanctions and Exceptions.
The Commission changes §809.79 in order to strengthen the sanctions
a Board may impose for non-compliance with the Parent Responsibility Agreement
(PRA). The previous rule provided that Boards may impose a sanction of an
additional parent co-pay of $25 per month for every month of non-compliance
with the PRA. Boards have voiced a concern that the additional $25 per month
is inconsequential to the parents and is insufficient as an incentive for
compliance with the PRA.
The Commission addresses this concern by adopting §809.79(a)(2) to
require the Boards to establish a sanction policy that includes the option
of terminating the family's child care for non-compliance with the PRA.
§809.92. General Eligibility Requirements.
The Commission adopts §809.92(b) by changing the word "parents" in
the previous rule to "family" in order to remain consistent with the definition
of "family" in §809.91(2).
The Commission also changes §809.92(b)(1) in order to state specifically
that the Boards determine income eligibility limits. The Boards, however,
shall not set income limits higher than 85 percent of the state median income
(SMI) as required by 45 CFR 98.20(a)(2). This change makes the rules consistent
with the Commission's intent and the CCDF State Plan. The Commission also
makes changes to subsequent references to income limits in §809.121 and §809.122
regarding eligibility for children living at low incomes and children with
disabilities to specifically stipulate that the Board sets income limits for
these populations provided that the income limit shall not exceed 85 percent
of SMI.
§809.93. Calculating Income.
The Commission changes §809.93(a)(8) to clarify that income from Temporary
Assistance for Needy Families (TANF) includes payments for both single-parent
families and for two-parent families as provided in Chapters 31 and 34 respectively
of the Texas Human Resources Code.
The Commission also changes §809.93(b) by adding paragraph (2) in
order to comply with Title 38 United States Code (USC) §1823(c) which
states that federal income support for children of Vietnam veterans born with
spina bifida and children of women of Vietnam veterans with certain other
birth defects shall not be included in determining eligibility and co-payments
for federally assisted programs.
The Commission changes §809.93(b) by adding paragraph (3) in order
to comply with the Title 20 USC §1087uu that requires the disregard of
federal student aid when determining eligibility for programs funded in whole
or in part with federal funds. Specifically, the disregard covers federal
work-study programs funded by the Economic Opportunity Program, any student
financial aid provided by the Bureau of Indian Affairs, and federal student
assistance provided by Higher Education Resources and Student Assistance.
Other educational loans and grants from state and local sources will still
be included in calculating income.
§809.101. Transitional Child Care.
The Commission changes §809.101(a) in order to define transitional
child care as care provided to former TANF recipients who: were denied cash
assistance and were working at the time their TANF benefits were denied; or
have been denied cash assistance due to expiration of time limits within the
last 30 days.
When a TANF recipient loses or is denied cash assistance, child care contractor
staff uses DHS's SAVERR system to determine that the parent is eligible for
transitional child care. There are some instances, however, when a parent
may be eligible for transitional child care services but is not coded as transitional
in the SAVERR system. It is the intent of the Commission that Boards request
parents to provide proof that they are eligible for transitional child care
and that the SAVERR system be used only to verify eligibility for parents
coded as transitional in that system.
The Commission changes §809.101 to add subsection (b) that specifically
gives Boards the authority to set higher income eligibility limits for transitional
child care than their initial eligibility limits, provided the limit does
not exceed 85 percent of SMI. The Commission makes this addition in order
to clarify its intent and reinforce that provision in the CCDF State Plan.
The Commission redesignates §809.101(b) to (c) and modifies it to
add a provision from Chapter 31 of the Texas Human Resources Code which stipulates
that 18 months of transitional care be provided only to those Choices volunteers
who are eligible for a child caretaker exemption.
The Commission redesignates §809.101(c) to (d) and changes it in order
to limit transitional child care to four weeks for clients participating in
a Choices activity and who are not employed when their TANF cash assistance
expires. As a result of this change, the Commission also repeals subsection
(d) relating to clients participating in a Choices activity when their TANF
cash assistance expires.
§809.121, Children Living at Low Incomes and §809.122, Children
with Disabilities
The Commission changes §809.121 and §809.122 by adding §809.121(a)(2)
and §809.122(b)(2) to establish a minimum of 25 hours per week for a
single-parent family and 50 hours per week for a two-parent family that parents
must work or participate in training or education activities in order to receive
at-risk child care services, or for child care services provided to children
with disabilities. Boards, however, may set a higher number of required hours
per week.
The Commission recognizes that family circumstances may dictate that exceptions
be made to the minimum activity requirements. The Commission adds §809.121(a)(5)
and §809.122(b)(3) to allow Boards to reduce the minimum required activity
hours per week if the parent's documented medical disability or the parent's
need to care for a physically or mentally disabled family member prevents
them from participating for the required weekly activity hours.
The Commission adds §809.121(b) and §809.122(c) to provide that
each credit hour of postsecondary education count as three hours of education
activity to be applied toward the education activity hours required in §809.121(a)(2)
and §809.122(b)(2) respectively.
The Commission believes that requiring parents of children living at low
incomes, including parents with children with disabilities, to participate
in work or education activities will assist these families in becoming self-sufficient.
A recent study by the Heritage Foundation found that if low-income, working
families increase the number of hours they work each year from the current
700 to 2000 hours there would be an 80 percent reduction in child poverty.
The Foundation concluded that policies that encourage work should be included
in any poverty-reducing strategy.
§809.122. Children with Disabilities.
The Commission redesignates §809.122(c) to (d) and changes it in order
to clarify rule language regarding the age eligibility for a child with disabilities.
Previous language stated that Boards may extend child care services to children
with disabilities who are "between the ages of 13 and 19." Previous rule language
could have been interpreted to mean that services can be provided to 19-year-olds.
The federal child care regulations in §98.20(a)(ii) allow child care
services to children with disabilities who are under 19 years of age. The
Commission changes the language to make it clear that 19-year-olds are not
eligible for child care services.
§809.123. Children of Teen Parents.
The Commission changes §809.123(b)(2) to clarify that Boards have
the authority to set higher income eligibility limits for children of teen
parents than the Board's basic eligibility limits, provided the limit does
not exceed 85 percent of SMI. The Commission makes this addition in order
to clarify its intent and reinforce that provision in the CCDF State Plan.
The Commission changes §809.123(c)(2) in order to clarify when the
income of a grandparent must be included in determining income eligibility
for a teen parent's child. Previous rule language stated that if a teen parent
"is, or has been, married" then the child's grandparent's income is not included
in the income eligibility calculation. Section 809.123(c)(2)(B) was intended
to apply only to teen parents not living with their parents. However, some
Boards interpreted it to apply to teen parents residing with their parents.
The Commission removes §809.123(c)(2)(B) to clarify that the gross income
of the teen's parent(s) is excluded only if the teen does not reside in the
same home as the teen's parent(s). The rule change also clarifies that any
monetary amount given to the teen parent by his or her parent(s) who are not
residing with the teen parent, must be included in calculating the teen parent's
income eligibility.
§809.225. Continuity of Care.
The Commission changes §809.225(a) to clarify that families whose
transitional child care has expired should be placed in at-risk care, if they
remain eligible for child care services. In some workforce areas, families
whose transitional child care benefits have expired are not rolled into at-risk
child care, but put on a waiting list for child care services. That is not
the intent of the continuity of care rule. In order to comply with the continuity
of care principle, when the family's transitional child care has expired the
children should remain in child care if the family continues to meet the Board's
eligibility criteria.
§809.226. Provider Payments.
The Commission changes §809.226 by removing the obsolete reference
to a "master contract" with Boards. The "master contract" referenced in the
previous rule is now called an "Agency-Board" agreement.
§809.231. Provider Reimbursement Rates.
The Commission changes §809.231 by adding new subsections (b) and
(c) and relettering subsequent subsections.
The Commission adds §809.231(b) in order to establish Commission expectations
that Boards not reimburse any provider more than the individual Board's maximum
rate or the provider's published rate, whichever is lower. There is no provision
in the CCDF federal regulations (45 CFR, Parts 98 and 99) to prohibit a state
(or Board) from reimbursing providers at a rate that is higher than the Board's
maximum rate. However, the Preamble to the federal CCDF regulations does remind
the states of the "...general principle that federal subsidy funds cannot
pay more for services than is charged to the general public for the same service."
It is the Commission's expectation that the Boards will adhere to the guidance
in the Preamble of the federal CCDF regulations, and that Boards will reimburse
providers at the lower of the Board's maximum reimbursement rate or the provider's
published rate. That is the current practice among the Boards. However, there
is no current rule in place to reinforce that expectation.
The Commission adds §809.231(c) to require Boards to establish the
same maximum rate within each category of care for all regulated providers
even if the provider is self-arranged by the parent and does not have a signed
agreement with the Board.
Currently, Boards are using three approaches to setting the maximum reimbursement
rates for the three categories of providers. Eight Boards reimburse regulated,
self-arranged providers at the same rate as regulated providers with signed
agreements while unregulated, relative providers are reimbursed at a lower
rate. Eleven Boards reimburse all self-arranged providers (regulated facilities
and unregulated relatives) at the same lower rate than paid to regulated providers
with signed agreements. Nine Boards have three sets of maximum rates for each
facility type and age group: one rate for providers with agreements; a lower
rate for regulated, self-arranged providers; and an even lower rate for unregulated,
relative care.
The Commission understands why Boards would reimburse unregulated, relative
providers, who are not required by the state to maintain health and safety
standards, at a lower rate than regulated providers who do have to maintain
such standards. The Commission, however, believes that the practice of reimbursing
regulated providers at different rates simply because the provider has an
agreement with the Board limits parental choice, since many providers without
an agreement may refuse to accept CCDF subsidized children because they will
be reimbursed at a lower rate than regulated providers with agreements.
§809.271. Child Care During Appeal.
The Commission changes §809.271(b) regarding continuing child care
during the appeal process in order to address concerns raised by Boards regarding
the cost of paying for such care. Specifically, the Commission adds paragraph
(8) to stipulate that child care services shall not be provided during the
appeal process if child care was terminated, reduced, denied or delayed due
to the parent's failure to report, within 10 days, changes in a family's circumstance
that would make the family ineligible for child care services.
The Commission also changes §809.271(b)(4) to clarify that child care
services shall not be provided during the appeal process if the child's care
was terminated, reduced, denied or delayed due to lack of funding caused by
an increase in the number of enrolled children in state and Board priority
groups.
§809.283. Corrective and Adverse Action.
The Commission changes §809.283(e) in order to clarify the rule citation
regarding sanctions that may be imposed on a contractor for failure to comply
with the Service Improvement Agreement. The list of possible sanctions is
provided in §809.283(a) and (c), not in §809.283(b) as (e) previously
stated. The rule language is made more general to refer to all sanctions listed
in the section.
Repeal of Subchapter O, Child Care Train Our Teachers (TOT) Award
The Commission repeals the rules regarding the Train Our Teachers (TOT)
Award and discontinues the scholarship program based on authority granted
in SB 280 enacted by the 78th Legislature, Regular Session.
PART III. COORDINATION OF ACTIVITIES
In the development of these rules for publication and public comment, the
Commission sought the involvement of each of Texas' twenty-eight Local Workforce
Development Boards. The Commission provided policy concepts to the Boards
for consideration and review pursuant to Texas Labor Code §302.064 and
the Commission's Resolution Regarding Board Coordination in Policy Development
adopted September 24, 2002. Prior and during this rulemaking process, the
Commission considered the Boards' comments. In addition, the Commission held
discussions with the Workforce Leadership of Texas (WLT) Policy Committee
and the Child Care Network regarding the development and implementation of
these rules.
PART IV. PUBLIC COMMENTS AND RESPONSES
Public comments were received from the following: Alamo Workforce Development
Board; Concho Valley Workforce Development Board; North Texas Workforce Development
Board; Permian Basin Workforce Development Board; State Representative Norma
Chavez; Economic Opportunities Advancement Corporation, Advisory Committee
for Region XI/Child Care Services; Camino Real Child Care Coalition; YWCA--El
Paso; Professional Home Child Care Association; and home child care providers:
Lori Arezaz, Veronica Carrillo, Ana Carronch, Delmara Castillo, Maria Garcia,
Sanda Garcia, Elvia Holguin, Veronica Ortiz, Lorraine Romero, and Michelle
Wyche.
Some commenters were for the rules, some disagreed with the changes, and
some made recommendations for changes to the proposed language. The comment
summaries and responses are as follows:
§809.44. Provider General Liability Insurance Requirements.
Comment: Twelve commenters agreed with the rule change. (Note: The commenters
expressed their opposition to the previous rule allowing Boards the option
of requiring liability insurance for home child care providers. Therefore,
the commenters support the proposed rule prohibiting Boards from requiring
liability insurance for home child care.)
The commenters stated that most of the new TDFPS licensing standards are
the same for licensed home and centers. One of the few exceptions is that
the law does not require liability insurance or commercial transportation
insurance from child care home providers. One of the commenters stated that
TDFPS does not require child care homes to have liability insurance, because
the agency realizes that insurance is costly for home care providers and TDFPS
does not deem the expense necessary for child care homes.
Response: The Commission agrees that child care rules should not allow
Boards to set liability insurance requirements in excess of those required
by state law. The Commission further agrees that liability insurance is a
financial hardship on home-based providers.
Comment: One commenter stated that Boards should be allowed to decide whether
liability insurance should be required of registered family home providers.
The commenter stated that the cost of the insurance is minimal and is a basic
business expense.
Response: The Commission does not agree that liability insurance is a minimal
business expense for any child care provider, especially a home care provider.
Eleven home care providers submitted comments as part of this solicitation
indicating that liability insurance is a major financial burden for them.
Comment: Six commenters opposed the rule change. The commenters stated
that requiring liability insurance from providers with agreements protects
the Boards and child care contractors from lawsuits. Even though Boards and
child care contractors should not be liable for the safety of children, they
can and will be sued if a parent perceives them to be liable. If the child
care home is not insured, the parent may sue the contractor or the Board.
Response: It may be true that parents can sue any entity that they perceive
as liable for the protection of their children. For that reason it is important
that Boards and child care contractors take steps to ensure that parents are
not under the impression that child care providers with agreements are "approved"
or otherwise regulated by the Boards or contractors. The Boards and contractors
should not encourage the perception of Board or contractor liability. The
Commission believes that by requiring liability insurance from the providers,
the Boards and contractors may be encouraging the perception that they are
liable for the safety for children in care.
The Texas Legislature provided a clear mandate that only licensed child
care centers should be required to have liability insurance. The Legislature
also gave TDFPS the statutory authority to ensure compliance with state law.
The Boards' roles should not extend any further than ensuring that licensed
child care centers are in good standing with TDFPS and informing parents of
the providers' liability insurance status as required by §809.14.
Comment: Three commenters stated that requiring liability insurance allows
the Boards to ensure or protect the health and safety of children in subsidized
care as required in §809.15 of the child care rules.
Response: The Commission does not agree with the premise that having liability
insurance ensures the health and safety of children any more than having automobile
insurance is an indicator of safe driving. Liability insurance does not make
children any safer while in care. Liability insurance may protect the child
care provider in case an accident occurs at the provider location; it does
not provide health and safety protection for the children in care.
Comment: One commenter contended that several child care rules imply that
contractor and Boards are required by the Commission to assume responsibility
for the safety of children at contracted sites. Among the rules the commenter
cite are §809.13 and §809.15 requiring Boards to provide orientation
and training for child care providers in order to ensure parental choice and
improve quality, and §809.14 requiring Boards to make a consumer guide
available to parents. Furthermore, the commenter cited §809.42 requiring
Boards to ensure that the care provided is in compliance with a provider agreement
and that the providers are not subject to corrective or adverse action with
TDFPS. These activities could imply the contractor is affirming that the child
will be safe.
Response: The training referenced in §809.13 is industry-wide and
is not restricted to providers accepting subsidized children or providers
with agreements. The Commission does not agree that training provided to all
child care providers implies that contractors are affirming that children
in these facilities will be safe.
Section 809.14(a)(3) requires Boards to provide consumer education and
a list of providers with agreements. The section also states that this consumer
information should indicate whether the provider has liability insurance or
not. Parents can then make their choice of child care provider with this information
in mind. Providing information as to whether the provider has insurance does
not assume Board or contractor liability.
The Commission agrees that Boards shall ensure that the provisions of the
provider agreements are met. However, the only specific requirement of provider
agreements listed in the child care rules (§809.43) is that the agreements
include notices and terms that detail provider obligations for complying with
federal and state statues and regulations and that discrimination is prohibited.
Any additional requirements in the agreements, such as liability insurance,
are monitored simply because the Board has decided to include them in the
agreement. It is the Commission's belief that by requiring liability insurance
and monitoring for compliance, Boards are encouraging the perception that
they are liable for the safety of the children. The Commission recognizes
state law places the monitoring and regulation of the child care industry
solely within the purview of TDFPS and that additional monitoring and regulation
by the Boards increases the cost of care, and yet duplicates TDFPS' statutorily
granted powers. Boards may not require more strenuous insurance requirements
than those imposed by state law.
Comment: Two commenters stated that when child care contractors certify
that a Texas Rising Star (TRS) provider is providing care that exceeds required
state standards, this reflects a representation of quality by the Boards.
Therefore, the commenters believe child care rules force contractors and Boards
to accept partial liability for the safety of the children in child care.
Response: The Commission disagrees that the certification and monitoring
requirements associated with the Texas Rising Star (TRS) provider status imply
Board or contractor liability for the safety of the children in care. TRS
certification indicates that the provider has attained certain quality criteria;
however, these quality criteria do not include having liability insurance.
Comment: Two commenters stated that the new rule would prevent Boards from
requiring licensed child care centers from listing the child care contractor
as the "additional insured" in the center's liability insurance. If the contractor
is not listed, then the responsibility for defending a lawsuit falls to the
child care contractor and not the child care center.
Response: The Commission believes that by listing the contractor as the
"additional insured," a court could interpret that as accepting liability.
The rule language prevents Boards from requiring licensed child care centers
from listing the child care contractor as the "additional insured" in the
center's liability insurance. This is an added cost to licensed centers and
is a requirement that exceeds the state licensing standards. The Commission
modified the proposed rule language in order to clarify this point.
Comment: One commenter suggested that if the rule is adopted, then the
insurance field and report should be removed from the system.
Response: The Commission does not agree that insurance information should
be removed from the system. Some home-based providers may elect to carry liability
insurance, and that should be included as information in the consumer guide
required in §809.14.
Comment: One commenter pointed out the inconsistency between the rule language
in §809.44(a), which gives the Boards the flexibility to determine whether
licensed child care centers are required to have liability insurance in order
to have an agreement with the Board, and the stated principle in the preamble,
which states that only TDFPS can determine the liability insurance requirements
for licensed child care centers.
Response: The Commission agrees that the preamble and the proposed rule
languages were inconsistent. In order to correct this inconsistency, the Commission
revised rule language and deleted the previously proposed subsection (a) that
allows the Boards the flexibility to determine if liability insurance will
be required of licensed child care centers. Since determining licensing standards
is a function of TDFPS, the Boards do not have the flexibility to determine
if liability insurance will be required of licensed centers.
Comment: One commenter stated that child care contractors are placing payments
for services rendered on hold pending the provider showing proof of liability
insurance.
Response: It is the Commission's intent that child care contractors shall
not place reimbursements for services rendered on hold pending proof of liability
insurance. If the provider is a licensed child care center, the liability
insurance requirement is monitored by TDFPS as part of the licensing requirements.
The Commission believes that any adverse action due to the lack of liability
insurance is the responsibility of TDFPS. Contractors should not withhold
payment unless or until TDFPS changes the center's license status. If the
provider is a licensed or registered child care home provider, contractors
should not withhold payment for lack of insurance since this is not a requirement
of TDFPS or state law.
§809.72. General Parent Rights.
Comment: One commenter was concerned that extending child care an extra
15 days would increase child care costs for the Boards.
Response: The Commission appreciates the concerns raised; however, state
law requires this rule change. SB 280, enacted by the 78th Texas Legislature,
Regular Session, requires that written notification be provided to the recipient
at least 30 days before the effective date of the termination.
Comment: One commenter was concerned about extending child care an additional
15 days for a parent who is ineligible for child care.
Response: The Commission believes it was the intent of the Legislature
that the 30-day notice apply only to at-risk parents whose child care is terminated
to make room for priority groups. The legislative language, however, did not
make that distinction. Consequently, the proposed rule language did not make
that distinction either. The Commission has clarified the intent of the rule
to state that the 30-day notification will apply only to parents whose child
care is terminated to make room for priority groups. The current 15-day notification
will continue to apply to those determined to be ineligible.
Comment: One commenter was concerned about §809.72(6)(B) requiring
Boards to include in the 30-day notification information regarding other child
care services for which the recipient may be eligible. The commenter believed
that this would be an additional administrative burden on Boards and their
contractors, and often there are no other known sources of child care assistance.
Parents that formerly received child care assistance may be contacting other
organizations that would not be able to help them in the current economic
climate.
Response: The Commission appreciates the concerns raised; however, it does
not have the authority to amend the proposed rule. Texas law, SB 280, requires
the Boards to institute this practice.
§809.78. Parent Responsibility Agreement.
Comment: One commenter expressed concern about how Boards and their contractors
can ensure adherence to the rule changes, because Boards do not have the capability
to verify compliance with the filing of child support. This is an additional
burden on staff and resources and both are stretched at the moment.
Response: The rule amendment serves to clarify what constitutes cooperation
and to promote consistent practices regarding the parent's responsibility
to the Office of the Attorney General (OAG). The Commission does not intend
for the Boards to assume the role of the child support enforcement agency,
and thereby verify compliance with the filing of child support. When child
support is an issue, it is the parent's responsibility to provide documentation
regarding his or her cooperation with the OAG. Boards and their contractors
should request documentation regarding cooperation at initial eligibility
determination and redetermination periods. If, however, a Board should learn
at any time that a parent is not cooperating, the parent will be in violation
of the Parent Responsibility Agreement (PRA).
§809.79. Parent Responsibility Agreement, Sanctions and Exceptions.
Comment: One commenter expressed concern that sanctions for non-compliance
would be determined locally when the Texas Department of Human Services (TDHS)
is responsible for verifying and imposing sanctions for failure to file for
child support.
Response: TDHS is responsible for verifying and imposing sanctions for
TANF recipients only. Section 809.79 concerns At-Risk and Transitional parents
who are not covered by the TANF Personal Responsibility Agreement. The intent
of this rule is to provide the Boards with more stringent sanctions for non-compliance
with the child care PRA. It is not the intention of the Commission to place
greater monitoring responsibilities on the Boards.
§809.101. Transitional Child Care.
Comment: One commenter was concerned that requiring former TANF recipients
who were denied cash assistance due to employment and increased earnings to
apply for transitional child care within 30 days of the TANF denial date could
force parents to enroll in transitional care even if there is no immediate
need for child care. For example, there are many after-school child care programs
provided free to parents in the commenter's workforce area. A parent who becomes
transitional at the end of March and only has until the end of April to apply
for transitional child care, but only needs after school assistance which
the parent is currently receiving free, would have to decide whether to enroll
in the child care program and change the child's provider or leave the child
where he or she is and try to find other arrangements for summer care. If
the parent elects to enroll in subsidized child care, this would increase
the cost of care and take away a slot from another family that needs care.
Response: The Commission appreciates the concern. The Commission has modified
rule language to address the issue raised by the commenter. Section 809.101(1)
does not have a time limitation for parents who have been denied cash assistance
due to employment and increased earnings. Section 809.101(2), on the other
hand, sets a 30-day application deadline for those recipients who are denied
due to expiration of TANF time limits.
For parents who have become eligible for transitional child care due to
increased earnings, §809.101(b) stipulates that they may receive child
care for a period of 12 months from the effective TANF denial date regardless
of when the former recipient applies for transitional child care. If the recipient
is eligible for a TANF child caretaker exemption, child care shall be available
for a period of 18 months from the effective TANF denial date.
§809.121, Children Living at Low Incomes and §809.122, Children
with Disabilities
Comment: One commenter agreed with setting a minimum number of hours; however,
the commenter was concerned that 30 hours may be difficult for many parents
to attain. The commenter suggested the requirement be reduced to 25 hours.
Many parents have part-time jobs, and these jobs are less than 30 hours per
week. In order to meet the requirement, a second part-time job would be required.
Also, the commenter was concerned that managing the work schedule for two
part-time jobs would be very difficult, especially for jobs with irregular
work schedules.
Response: The Commission appreciates the commenter's concerns. After a
review of the average hourly work week for the top industries in which parents
receiving subsidized child care work, the Commission agrees with the commenter's
suggestion to have at-risk parents be engaged in work activities for a minimum
of 25 hours per week.
Comment: One commenter questioned how the activity hour requirement would
apply to two-parent families.
Response: The Commission appreciates the comment and agrees with clarifying
the rule. The Commission has modified rule language to address how the activity-hour
requirement is applied in a two-parent family. Section 809.121(a)(2) and §809.122(b)(2)
state that parents must participate in a combination of training, education
or employment activities for a minimum of 25 hours a week for a single-parent
family and 50 hours a week for a two-parent family. This will be consistent
with the Commission's policy regarding the responsibility of both parents
in a family, and make the provisions similar to the requirements in Choices
rules.
Comment: One commenter agreed with the proposed minimum work activity hours,
however, it was not clear to the commenter if part-time child care can be
offered to families participating in less than the minimum required hours
per week.
Response: Parents are required to be working or in education or training
activities for a minimum of 25 hours per week for a single-parent family and
50 hours per week for a two-parent family in order to obtain full-time or
part-time child care. If the parents need part-time child care and meet the
required activity hours, then the parent may access part-time child care.
Comment: One commenter suggested that rule language be clarified to indicate
that the required hours may be a combination of work, education or training.
Response: The Commission appreciates the suggestion and agrees to clarify
the language to specify that the 25 hours may be any combination of work,
education or training.
Comment: One commenter agreed with setting a minimum number of work hours,
but had a concern regarding the administrative burden on Boards in tracking
the parent's actual work hours.
Response: The Commission does not intend to impose additional monitoring
requirements on Boards that they do not already have to meet. The 25-hour
work requirements will be handled similarly to the existing eligibility requirements.
The Commission does not intend that actual hours would be tracked weekly for
every parent. The Commission intends the 25-hour requirement apply to normal
"scheduled work hours" as determined at certification and re-certification.
The Commission recognizes that holidays and other scheduled leave would reduce
the actual hours worked for a particular week. In most cases, the Boards'
attendance policy should cover situations in which the parent has scheduled
or temporary work reductions.
Comment: One commenter agreed with setting a minimum number of hours, but
requested clarification on how to handle situations where parents, through
no fault of their own, cannot meet the required activity hours.
Response: Section 809.121 and §809.122 provide that the Board may
reduce the required hours if health reasons or care for a disabled child prevents
them from attaining the 25-hour requirement. No additional exceptions should
be granted.
Comment: One commenter expressed concern about how the activity hours could
be tracked in the child care system.
Response: The Commission appreciates the concern and is exploring the need
to modify the system to include the number of hours the parent is scheduled
to participate in work, education or training activities per week.
Comment: One commenter requested clarification on what activities could
be counted toward the training requirement. For example, would going to a
workforce center and working on a computer in a lab to learn Word or Excel
count as a training activity, or does it have to be in a class where attendance
is taken?
Response: The Board may determine the definition of a training activity.
Comment: One commenter requested guidance on how the activity requirement
would affect Board polices on continuation of child care for parents who have
lost employment for no cause. Many Boards, for example, allow a certain number
of days of child care in order for parents to perform job searches. The commenter
requested clarification on how these situations should be handled.
Response: The Commission does not intend that the 25-hour work activity
would impose additional requirements or impact the current Board polices regarding
continuation of care.
Comment: One commenter suggested that it is unfair to place a minimum participation
requirement on at-risk eligible parents. These parents are working or going
to school in order to be eligible for child care. They are not part of "welfare
reform" and they are attempting to be self-sufficient.
Response: The Commission appreciates the concern. The Commission believes
that requiring parents of children living at low incomes to participate in
a minimum number of work or education activities will assist these families
in becoming self-sufficient.
§809.225. Continuity of Care.
Comment: Concerning continuation of child care after the expiration of
transitional time limits, one commenter did not have an issue with the rule
change; however, the commenter requested that the current application include
a feature to track and flag former transitional clients. This system feature
would become critical if Boards have to remove children from care in order
to make room for a priority client.
Response: The Commission would like to clarify that this is not a rule
change. The Commission is amending the language to make the intent more clear.
The Commission never intended that eligible parents be exempted from the continuity
of care provisions of §809.225(a) when their transitional child care
ends. However, once former transitional parents become at-risk parents, they
are subject to the same discontinuation of care policy as other at-risk parents.
The same criteria for discontinuation apply to former transitional clients
as any other at-risk clients. For that reason, there is no need to flag former
transitional clients.
§809.231. Provider Reimbursement Rates.
Comment: Two commenters disagreed with §809.231(c) requiring Boards
to establish the same maximum rate within each category of care for all regulated
providers even if the provider is self-arranged by the parent and does not
have a signed agreement with the Board. The commenters stated that providers
with agreements have additional administrative and monitoring requirements.
The difference in reimbursement is their incentive to meet the additional
requirements. One commenter also suggested that this would take away the incentive
for providers to sign agreements with the Board, and when this happens, Boards
will lose all oversight on the quality of care being provided.
Response: Section 809.231(a) states that Boards shall establish reimbursement
rates based on local factors including a market rate survey. The local factors
are intended to include costs associated with providing services within the
local market area. Local cost factors are applied equally to all providers
within a category. The local cost factors should not include the additional
monitoring and administrative costs caused by provider agreements. These additional
costs and monitoring requirements placed on providers with agreements indicate
that Boards are imposing additional requirements on providers in excess of
state requirements. The Commission believes these additional monitoring requirements
place an unnecessary burden on providers, represent duplication of effort
with TDFPS requirements, and also artificially inflates the cost of care.
The additional requirements imposed by the Boards may be a factor in a
disproportionate use in Texas of child care centers, and may actually be inhibiting
home-based providers from participating in subsidized child care. Parents
may not have access to all licensed child care centers, licensed child care
homes or registered child care homes, since many providers without an agreement
may refuse to accept CCDF children because they will be reimbursed at a lower
rate than regulated providers with agreements. The data bear this out. Registered
family homes make up 47 percent of all regulated child care facilities in
Texas; however, only 16 percent of all regulated providers participating in
Commission child care are registered family homes. By contrast, 43 percent
of all regulated child care providers in Texas are child care centers; however,
73 percent of regulated providers serving Commission subsidized children are
child care centers.
Comment: Two commenters disagreed with the rule stating that this change
would eliminate Board flexibility to set rates, which is what §809.231(a)
requires them to do. This will eliminate local board decision making, thereby
making it harder to serve the needs of the local workforce.
Response: Section 809.231(a) states that Boards shall set reimbursement
rates based on local factors, including a market rate survey. The Commission
believes that the additional costs associated with provider agreements may
not be considered a local cost factor in setting reimbursement rates. The
amendment does not eliminate local flexibility since Boards still have the
flexibility to set rates for each category of care.
Comment: One commenter expressed concern that this requirement would increase
the Board's cost about 15 percent. If the children are Choices referrals,
the costs would increase as much as 60 percent. This increased cost will negatively
impact the Board's ability to meet the average number of children served.
Response: The Commission has analyzed the fiscal impact of reimbursing
all regulated providers at the same rate within each category and has come
to a very different conclusion than the commenter. The Commission's analysis
found that for FY02, paying all regulated providers (including SACC providers)
the same actual average rate as providers with agreements would increase costs
by less than two-tenths of one percent. Therefore, the Commission does not
agree that this rule change would negatively impact the Board's ability to
meet performance measure regarding the average number of children served.
Subchapter A. GENERAL PROVISIONS
40 TAC §809.1
The repeal is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 9, 2004.
TRD-200400139
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.1
The new rule is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400151
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.20
The repeal is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400140
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.20
The new rule is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
§809.20.Leveraging Local Resources.
(a)
Leveraging Local Funds. The Commission encourages Boards
to secure local public and private funds for match to the extent possible
to leverage all available resources for child care needs in the community.
(1)
A Board may secure local funds for match in the form of
one or more of the methods in order to leverage (match) against federal funds
available through the Commission:
(A)
donations of funds from a private entity;
(B)
certification of expenditures by a private entity that
represent expenditures eligible for federal match and that were not restricted
in their use for a specific individual, organization, facility or institution;
(C)
transfers of funds from a public entity; or
(D)
certifications of expenditures by a public entity that
represent expenditures eligible for federal match.
(2)
A Board's performance in securing and leveraging local
funds for match may make the Board eligible for incentive awards.
(b)
Securing Local Funds to Access Federal Matching Funds from
the Commission.
(1)
A Board shall manage the securing of funds, including the
selection of pledged and completed donations, transfers, and certifications
that are used by the Board to receive federal matching funds through the Commission.
(2)
A Board shall ensure that federal matching funds are maximized
by securing local funds for match in an amount that may exceed the amount
required to match available federal funds.
(c)
Documenting Pledged Donations, Transfers and Certifications.
A Board shall maintain written documentation of pledged donations, transfers
and certifications that contain, at a minimum, the following:
(1)
the signature of the representative of the Board;
(2)
the signature of the potential contributor;
(3)
the potential contributor's commitment to fulfill the pledge
of the donation, transfer or certification by paying or certifying the funds
to the Commission for use in a specific workforce area on a set payment or
certification schedule;
(4)
the Board's commitment to use the donated or transferred
funds as requested by the contributor, as long as it is consistent with federal
regulations at 45 CFR §98.53; and
(5)
sufficient information to determine that the funds will
be used in a manner consistent with 45 CFR §98.53.
(d)
Submitting Pledged Donations, Transfers and Certifications
for Acceptance by the Commission. A Board shall submit pledged donations,
transfers, and certifications to the Commission for acceptance.
(e)
Completing Donations, Transfers and Certifications.
(1)
A Board shall ensure that donations of cash and transfers
of funds are paid to the Agency and that certifications are also submitted
to the Agency.
(2)
Donations and transfers are considered complete to the
extent that the funds have been paid to the Agency.
(3)
Certifications are considered complete to the extent that
a signed written instrument is delivered to the Agency that reflects that
the public entity has expended a specific amount of funds on eligible child
care services.
(f)
Reporting. A Board shall report information relating to
pledged and completed donations, transfers and certifications as referenced
in subsections (d) and (e) of this section and §800.72 of this title
(relating to Reporting Requirements).
(g)
Monitoring. A Board shall monitor the funds secured for
match and the expenditure of any resulting funds to ensure that expenditures
of unmatched federal funds available through the Commission do not exceed
an amount that corresponds to the donations, transfers, and certifications
that are completed by the end of the program year.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400152
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.44, §809.46
The repeals are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400141
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.44, §809.46
The new rules are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
§809.44.Provider General Liability Insurance Requirements.
(a)
Any liability insurance requirements placed on licensed
child care centers by the Boards shall not exceed the state licensing requirements
stipulated in Chapter 42 of the Texas Human Resources Code.
(b)
A licensed child care center provider must notify the Texas
Department of Family and Protective Services (TDFPS), the parent, and the
Board if the provider is unable to secure the required insurance due to financial
reasons or for lack of availability of an underwriter willing to issue a policy,
or if the provider's policy limits have been exhausted. The provider shall
remain eligible to receive Commission-funded child care subsidies as long
as the provider is licensed by the TDFPS.
(c)
Boards shall not require liability insurance for providers
who are not required by state law to have liability insurance.
§809.46.Assessing and Collecting Parent's Share of Cost.
(a)
For child care funds allocated by the Commission pursuant
to its allocation rules (Chapter 800, General Administration, Subchapter B,
Allocation and Funding, §800.58 of this title (relating to Child Care)),
the following shall apply.
(1)
A Board shall set a parent's share of cost policy in accordance
with the requirements set forth in §809.12 of this chapter (relating
to Board Policies and Plans for Child Care Services) that shall assess parent's
share of cost in a manner that results in parent's share of cost:
(A)
being assessed to all parents or caretakers, except in
instances when an exemption under paragraph (2) of this subsection applies;
(B)
being based on the family's size and gross monthly income,
and may also be based on the number of children in care; and
(C)
not exceeding the cost of care.
(2)
Parents that are one or more of the following are exempt
from paying parent's share of cost:
(A)
parents who are participating in Choices;
(B)
parents who participate in the Food Stamp Employment and
Training; or
(C)
parents who have children that are receiving protective
services unless the Texas Department of Family and Protective Services assesses
parent's share of cost.
(3)
Teen parents who live with their parents and who are not
covered under exceptions outlined under paragraph (2) of this subsection shall
be assessed parent's share of cost. The parent's share of cost is based solely
on the teen parent's income.
(b)
For child care services funded from sources other than
those sources for funds allocated by the Commission for Child Care Services
pursuant to its allocation rules, a Board shall set a parent's share of cost
policy based on a sliding fee scale that may be the same as or different from
the provisions contained in subsection (a) of this section.
(c)
Providers shall collect assessed parent's share of cost
and subsidies before child care is delivered.
(d)
It is the sole responsibility of the provider to collect
assessed parent's share of cost and subsidies.
(e)
A Board shall establish a policy regarding reimbursement
of providers to address consequences for providers in situations when parents
fail to pay parent's share of cost and subsidies.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400153
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.61, §809.62
The repeals are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400142
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§809.61 - 809.63
The new rules are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
§809.61.Qualifications to Provide Unregulated Relative Self-Arranged Care.
(a)
A relative who is at least 18 years of age and is one of
the following is eligible to provide self-arranged care:
(1)
the child's grandparent;
(2)
the child's great-grandparent;
(3)
the child's aunt;
(4)
the child's uncle; or
(5)
the child's sibling, if the sibling does not reside in
the same household as the eligible child.
(b)
A relative providing self-arranged care under this section
shall not be reimbursed for more children than permitted by the Texas Department
of Family and Protective and Regulatory Services' minimum regulatory standards
for Registered Child Care Homes. A Board may permit more children to be cared
for in self-arranged care situations on a case-by-case basis as determined
by the Board.
§809.62.Qualifications to Provide Regulated Self-Arranged Care.
(a)
If chosen by the parent, a person or entity who has not
signed a Provider Agreement is eligible to provide self-arranged care if the
person or entity is:
(1)
licensed by the Texas Department of Family and Protective
Services; or
(2)
registered with the Texas Department of Family and Protective
Services; or
(3)
listed with the Texas Department of Family and Protective
Services; or
(4)
licensed by the Texas Department of Health as a youth day
camp; or
(5)
operated and monitored by the United States military services.
(b)
A Board shall ensure that requests made by the Texas Department
of Family and Protective Services, for specific providers or persons eligible
to provide self-arranged care, are enforced for children in protective services.
(c)
Before authorizing a person or entity "listed" with the
Texas Department of Family and Protective Services to provide child care,
a Board shall ensure that there are in effect, under local law, requirements
designated to protect the health and safety of children that are applicable
to the persons or entities "listed" with the Texas Department of Family and
Protective Services. Boards may choose not to allow "listed" providers as
self-arranged providers. Pursuant to federal regulations at 45 Code of Federal
Regulations §98.41, the requirements shall include:
(1)
the prevention and control of infectious diseases (including
immunizations);
(2)
building and physical premises safety; and
(3)
minimum health and safety training appropriate to the child
care setting.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400154
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§809.72, 809.78, 809.79
The repeals are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400143
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§809.72, 809.78, 809.79
The new rules are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
§809.72.General Parent Rights.
Parents have the right to:
(1)
have persons represent them when applying for child care;
(2)
notification of their eligibility to receive child care
within 20 days from the day the Board's contractor receives all necessary
documentation required to determine eligibility for child care;
(3)
receive child care regardless of race, color, national
origin, age, sex, disability, political beliefs, or religion;
(4)
have the Board and the Board's contractor treat as confidential
information that is used to determine eligibility for child care;
(5)
except as provided by paragraph (6) of this section, written
notification by the Board's contractor at least 15 days before the denial,
delay, reduction, or termination of child care unless the following exceptions
apply:
(A)
Notification of denial, delay, reduction, or termination
in child care is not required when child care is authorized to cease immediately
because either the parent is no longer participating in the Choices program;
or child care is authorized to end immediately for children in protective
services child care;
(B)
The Choices program participants and children in protective
services child care are notified, of denial, delay, reduction, or termination
of child care and the effective date of such actions by the Choices case worker
or the Texas Department of Family and Protective Services.
(6)
30-day written notification by the Board's contractor if
child care is to be terminated in order to make room for priority groups.
(A)
Written notification of denial, delay, reduction or termination
shall include information regarding other child care services for which the
recipient may be eligible.
(B)
If the notice on or before the 30th day before denial,
delay, reduction or termination in child care would interfere with the ability
of the Board to comply with its duties regarding the number of children served
or would require the expenditure of funds in excess of the amount allocated
to the Board, notice may be provided on the earliest date on which it is practicable
for the Board to provide notice.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400155
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.92, §809.93
The repeals are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400144
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.92, §809.93
The new rules are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400156
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.101
The repeal is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400145
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.101
The new rule is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
§809.101.Transitional Child Care.
(a)
A Board shall ensure that transitional child care services
will be provided for children of parents who were formerly TANF recipients;
and
(1)
have been denied temporary cash assistance and were employed
at the time cash assistance was denied; or
(2)
have been denied temporary cash assistance within 30 days
because of expiration of TANF time limits.
(b)
Boards may establish a higher income eligibility limit
for transitional child care, provided that the higher income limit does not
exceed 85% of state median income for a family of the same size.
(c)
Transitional child care shall be available for a period
of up to 12 months from the effective date of the TANF denial, depending on
income eligibility and whether the person is working, except in the case of
a TANF recipient who is eligible for a child caretaker exemption and voluntarily
participates in the Choices program. For these individuals, transitional child
care is available for a period up to 18 months from the effective date of
the TANF denial.
(d)
TANF recipients who are not employed when temporary cash
assistance expires, including recipients who are engaged in a Choices activity
except as provided under subsection (e) of this section, shall receive up
to 4 weeks of transitional child care in order to allow these individuals
to search for work as needed.
(e)
TANF recipients who are engaged in a Choices activity,
are meeting the requirements of Chapter 811, and are denied temporary cash
assistance due to receipt of child support, shall be eligible to receive transitional
child care services until the date on which the individual completes the activity,
as defined by the Board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400157
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§809.121 - 809.123
The repeals are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400146
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§809.121 - 809.123
The new rules are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
§809.121.Children Living at Low Incomes.
(a)
Children living at low incomes are eligible for child care
if:
(1)
the family income does not exceed the income limit established
by the local Board; and
(2)
child care is required for the child's parents to participate
in a combination of training, education or employment activities for a minimum
of 25 hours per week for a single-parent family or 50 hours per week for a
two-parent family, or a higher number of hours per week as established by
a local Board; or
(3)
the parents of the children are receiving temporary cash
assistance or Supplemental Security Income; and
(4)
the parents receiving temporary cash assistance have met
the Choices requirements as specified in Chapter 811 of this title, or have
been determined by the Board to need child care to comply with those requirements,
if the parents are subject to those requirements.
(5)
A Board may allow a reduction to the requirement in subsection
(a)(2) of this section if a parent's documented medical disability or need
to care for a physically or mentally disabled family member prevents the parent
from participating in the activities for the required hours per week.
(b)
For purposes of meeting the education requirements stipulated
in subsection (a)(2) of this section, each credit hour of postsecondary education
will count as three hours of education activity per week.
§809.122.Children with Disabilities.
(a)
The following words and terms, when used in this section,
shall have the following meanings, unless the context clearly indicates otherwise.
Children with disabilities--Individuals who meet the age requirements set
forth in this subchapter and who are mentally or physically incapable of caring
for themselves and meet the criteria set forth in this section.
(b)
Children with disabilities are eligible for child care
if residing with parents:
(1)
whose income, after deducting the cost of the child's ongoing
medical expenses, does not exceed the income limit established by the local
Board; and
(2)
child care is required for the child's parents to participate
in a combination of training, education or employment activities for a minimum
of 25 hours per week for a single-parent family or 50 hours per week for a
two-parent family, or a higher number of hours per week as established by
a local Board.
(3)
A Board may allow a reduction to requirement in subsection
(b)(2) of this section if the need to care for a child with disabilities prevents
the parent from participating in the activities for the required hours per
week.
(c)
For purposes of meeting the education requirements stipulated
in subsection (b)(2) of this section, each credit hour of postsecondary education
will count as three hours of education activity per week.
(d)
A Board may elect to extend child care services to children
with disabilities who are 13 to 19 years of age, provided that the other provisions
in this section are also met.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400158
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§809.225, 809.226, 809.231
The repeals are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400147
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§809.225, 809.226, 809.231
The new rules are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
§809.225.Continuity of Care.
(a)
General Principle. 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)
Exceptions. 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 one or more of the following types of priority child care:
(1)
Choices Child Care under §809.102 of this Chapter,
(2)
Transitional Child Care under §809.101 of this Chapter,
or
(3)
Workforce Orientation Applicant Child Care under §809.103
of this Chapter.
(c)
Former Texas Department of Family and Protective Services
(TDFPS) children as referenced in §809.105(b)(1) of this Chapter shall
also continue receiving child care funded through the Commission for the period
chosen by TDFPS, which shall not exceed six months, so long as it does not
result in another child being removed from care.
(d)
Former TDFPS children as referenced in §809.105(b)(2)
of this Chapter may continue receiving child care funded through the Commission
if it does not result in removing another child from care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400159
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.271
The repeal is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400148
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.271
The new rule is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400160
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.283
The repeal is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400149
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §809.283
The new rule is adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
§809.283.Corrective and Adverse Action.
(a)
Corrective and adverse action (corrective action) may include
sanctions set forth in Chapter 800, Subchapter E of this title (relating to
Sanctions) and may include, but not be limited to, the following:
(1)
requirement that the Board's contractor enter into a Service
Improvement Agreement (SIA);
(2)
suspension, nonrenewal, or termination of the enrollment
agreement, Provider Agreement, contract for service delivery, other Board
subcontracts, or the Board contract;
(3)
temporarily withholding of payments;
(4)
nonpayment of costs incurred; and
(5)
recoupment of funds.
(b)
When determining which corrective actions are appropriate,
the following shall be considered:
(1)
the scope of the violation;
(2)
the severity of the violation;
(3)
the compliance history of the person or entity; and
(4)
in the case of contractors, the contractor's failure to
meet Commission performance standards.
(c)
Corrective action may include, but is not limited to, the
following:
(1)
closing intake;
(2)
moving children to another provider facility selected by
the parent;
(3)
holding provider payments; and
(4)
terminating, suspending, or not renewing a Provider Agreement
if the Texas Department of Family and Protective Services has cited a provider
for serious or continued noncompliance with the minimum licensing standards
or placed the provider on some form of corrective or adverse action.
(d)
When a Board's contractor or provider violates a contract
or agreement, a written SIA may be negotiated between the Commission, Board,
Board's contractor, or provider. At the least, the SIA shall include, the
following:
(1)
the basis for the 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 agreement.
(e)
Failure to fully comply with the terms of the SIA may result
in the imposition of one or more of the sanctions set forth in this section
and Chapter 800, Subchapter E of this title (relating to Sanctions).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400161
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§809.301 - 809.304, 809.311 - 809.314, 809.331, 809.332
The repeals are adopted in response to and under the authority
of the following sections:
Section 301.0015, Texas Labor Code, which provides that the Commission
has authority to adopt rules necessary to administer the Commission's policies,
including rules necessary for the administration of Title 4, Texas Labor Code,
relating to employment services and unemployment;
Section 302.002(d), Texas Labor Code, which authorizes the Commission to
adopt, amend or repeal such rules in accordance with Chapter 2001, Government
Code as necessary for the proper administration of the Workforce Development
Division.
Section 302.021, Texas Labor Code, which provides for the consolidation
of job-training, employment, and employment-related educational programs and
functions under the authority of the Commission.
Section 44.002, Human Resources Code provides for the Commission promulgating
rules to carry out the administrative provisions of the program consistent
with federal law and regulations. Chapter 31, and including §31.0035,
Human Resources Code provides for transitional child care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 9, 2004.
TRD-200400150
John Moore
General Counsel
Texas Workforce Commission
Effective date: January 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 463-2573
Subchapter B. BENEFITS, CLAIMS AND APPEALS
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
Subchapter G. CERTIFIED COURT INTERPRETERS
Part 20.
TEXAS WORKFORCE COMMISSION
Subchapter B. GENERAL MANAGEMENT REQUIREMENTS
Subchapter B. GENERAL MANAGEMENT
Subchapter C. REQUIREMENTS TO PROVIDE CHILD CARE
Subchapter D. SELF-ARRANGED CARE
Subchapter E. PARENT RIGHTS AND RESPONSIBILITIES
Subchapter F. GENERAL ELIGIBILITY FOR CHILD CARE
Subchapter G. CHILD CARE FOR PEOPLE TRANSITIONING OFF PUBLIC ASSISTANCE
Subchapter H. CHILDREN OF PARENTS AT RISK OF BECOMING DEPENDENT ON PUBLIC ASSISTANCE
Subchapter K. FUNDS MANAGEMENT
Subchapter M. APPEAL PROCEDURE
Subchapter N. CORRECTIVE AND ADVERSE ACTION
Subchapter O. CHILD CARE TRAIN OUR TEACHERS (TOT) AWARD
Chapter 815.
UNEMPLOYMENT INSURANCE