40 Tex. Admin. Code § 809.2 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Attending a job
training or educational program--An individual is attending a job training or
educational program if the individual:
(A) is
considered by the program to be officially enrolled;
(B) meets all attendance requirements
established by the program; and
(C)
is making progress toward successful completion of the program as demonstrated
through continued enrollment in the program upon eligibility redetermination as
described in §
809.42 of this chapter.
(2) Child--An individual who meets
the general eligibility requirements contained in this chapter for receiving
child care services.
(3) Child care
contractor--The entity or entities under contract with the Board to manage
child care services. This includes contractors involved in determining
eligibility for child care services, contractors involved in the billing and
provider payment process related to child care, as well as contractors involved
in the funding of quality improvement activities as described in §
809.16 of this chapter.
(4) Child Care Desert--An area described in
Texas Labor Code §
302.0461 in which the
number of children under age six with working parents is at least three times
greater than the capacity of licensed child care providers in the area, based
on data published annually by the Commission.
(5) Child Care Regulation (CCR)--Division in
the Texas Health and Human Services Commission responsible for protecting the
health, safety, and well-being of children who attend or reside in regulated
child care facilities and homes.
(6) Child care services--Child care subsidies
and quality improvement activities funded by the Commission.
(7) Child care subsidies--Commission-funded
child care payments to an eligible child care provider for the direct care of
an eligible child.
(8) Child
experiencing homelessness--A child who is homeless, as defined in the
McKinney-Vento Act (42 USC
11434(a)), Subtitle VII-B,
§725.
(9) Child with
disabilities--A child who has a physical or mental impairment that
substantially limits one or more major life activities, has a record of such an
impairment, or is regarded as having such an impairment. Major life activities
include, but are not limited to, caring for oneself; performing manual tasks;
walking; hearing; seeing, speaking, or breathing; learning; and
working.
(10) Educational
program--A program that leads to:
(A) a high
school diploma;
(B) a Certificate
of High School Equivalency; or
(C)
an undergraduate degree from an institution of higher education.
(11) Excessive unexplained
absences--More than 40 unexplained absences within a 12-month eligibility
period as described in §
809.78 of this chapter.
(12) Family--Two or more individuals related
by blood, marriage, or decree of court, who are living in a single residence
and are included in one or more of the following categories:
(A) Two individuals, married--including by
common-law, and household dependents; or
(B) A parent and household
dependents.
(13)
Household dependent--An individual living in the household who is:
(A) an adult considered a dependent of the
parent for income tax purposes;
(B)
a child of a teen parent; or
(C) a
child or other minor living in the household who is the responsibility of the
parent.
(14) Improper
payments--Any payment of Child Care Development Fund (CCDF) funds that should
not have been made or that was made in an incorrect amount (including
overpayments and underpayments) under statutory, contractual, administrative,
or other legally applicable requirements governing the administration of CCDF
grant funds and includes payments:
(A) to an
ineligible recipient;
(B) for an
ineligible service;
(C) for any
duplicate payment; and
(D) for
services not received.
(15) Job training program--A program that
provides training or instruction leading to:
(A) basic literacy;
(B) English proficiency;
(C) an occupational or professional
certification or license; or
(D)
the acquisition of technical skills, knowledge, and abilities specific to an
occupation.
(16) Listed
family home--A family home, other than the eligible child's own residence, that
is listed, but not licensed or registered with, CCR pursuant to Texas Human
Resources Code §
42.052(c).
(17) Military deployment--The temporary duty
assignment away from the permanent military installation or place of residence
for reserve components of the single military parent or the dual military
parents. This includes deployed parents in the regular military, military
reserves, or National Guard.
(18)
Parent--An individual who is responsible for the care and supervision of a
child and is identified as the child's natural parent, adoptive parent,
stepparent, legal guardian, or person standing in loco parentis (as determined
in accordance with Commission policies and procedures). Unless otherwise
indicated, the term applies to a single parent or both parents.
(19) Protective services--Services provided
when a child:
(A) is at risk of abuse or
neglect in the immediate or short-term future and the child's family cannot or
will not protect the child without Texas Department of Family and Protective
Services (DFPS) Child Protective Services (CPS) intervention;
(B) is in the managing conservatorship of
DFPS and residing with a relative or a foster parent; or
(C) has been provided with protective
services by DFPS within the prior six months and requires services to ensure
the stability of the family.
(20) Provider--A provider is defined as a:
(A) regulated child care provider;
(B) relative child care provider;
or
(C) listed family home subject
to the requirements in §
809.91(e) of
this chapter.
(21)
Regulated child care provider--A provider caring for an eligible child in a
location other than the eligible child's own residence that is:
(A) licensed by CCR;
(B) registered with CCR; or
(C) operated and monitored by the United
States military services.
(22) Relative child care provider--An
individual who is at least 18 years of age, and is, by marriage, blood
relationship, or court decree, the child's:
(A) grandparent;
(B) great-grandparent;
(C) aunt;
(D) uncle; or
(E) sibling (if the sibling does not reside
in the same household as the eligible child).
(23) Residing with--Unless otherwise
stipulated in this chapter, a child is considered to be residing with the
parent when the child is living with, and physically present with, the parent
during the time period for which child care services are being requested or
received.
(24) Teen parent--A teen
parent (teen) is an individual 18 years of age or younger, or 19 years of age
and attending high school or the equivalent, who has a child.
(25) Texas Rising Star program--A
quality-based rating system of child care providers participating in
Commission-subsidized child care.
(26) Texas Rising Star provider--A regulated
child care provider meeting the Texas Rising Star program standards. Texas
Rising Star providers are:
(A) designated as
an Entry Level Provider;
(B)
certified as a Two-Star Provider;
(C) certified as a Three-Star Provider;
or
(D) certified as a Four-Star
Provider.
(27)
Working--Working is defined as:
(A) activities
for which one receives monetary compensation such as a salary, wages, tips, and
commissions;
(B) participation in
Choices or Supplemental Nutrition Assistance Program Employment and Training
(SNAP E&T) activities; or
(C)
engaging in job search at the time of eligibility determination or
redetermination as described in §
809.56 of this chapter.
Notes
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