40 Tex. Admin. Code § 809.91 - Minimum Requirements for Providers
(a) A Board shall ensure that child care
subsidies are paid only to:
(1) regulated
child care providers as described in §
809.2 of this chapter meeting the
Texas Rising Star requirements as a certified provider, or designated as an
Entry Level provider for the prescribed time periods as described in §
809.131 of this chapter;
(2) relative child care providers, as
described in §
809.2 of this chapter, subject to
the requirements in subsection (e) of this section; or
(3) at the Board's option, child care
providers licensed in a neighboring state, subject to the following
requirements:
(A) Boards shall ensure that the
Board's child care contractor reviews the licensing status of the out-of-state
provider every month, at a minimum, to confirm the provider is meeting the
minimum licensing standards of the state.
(B) Boards shall ensure that the out-of-state
provider meets the requirements of the neighboring state to serve
CCDF-subsidized children.
(C) The
provider shall agree to comply with the requirements of this chapter and all
Board policies and Board child care contractor
procedures.
(b)
A Board shall not prohibit a relative child care provider that is listed with
CCR and meets the minimum requirements of this section from being an eligible
relative child care provider.
(c)
Except as provided by the criteria for Texas Rising Star Provider certification
or designation, a Board or the Board's child care contractor shall not place
requirements on regulated providers that:
(1)
exceed Entry Level designation requirements or the state licensing requirements
stipulated in Texas Human Resources Code, Chapter 42; or
(2) have the effect of monitoring the
provider for compliance with state licensing requirements stipulated in Texas
Human Resources Code, Chapter 42.
(d) When a Board or the Board's child care
contractor, in the course of fulfilling its responsibilities, gains knowledge
of any possible violation regarding regulatory standards, the Board or its
child care contractor shall report the information to the appropriate
regulatory agency.
(e) For relative
child care providers to be eligible for reimbursement for Commission-funded
child care services, the following applies:
(1) Relative child care providers shall list
with CCR; however, pursuant to
45 CFR §
98.41(e), relative child
care providers listed with CCR shall be exempt from the health and safety
requirements of
45 CFR §
98.41(a).
(2) A Board shall allow relative child care
providers to care for a child in the child's home (in-home child care) only for
the following:
(A) A child with disabilities
as defined in §
809.2 of this chapter, and his or
her siblings;
(B) A child under 18
months of age and his or her siblings;
(C) A child of a teen parent; and
(D) When the parent's work schedule requires
evening, overnight, or weekend child care in which taking the child outside of
the child's home would be disruptive to the child.
(3) A Board may allow relative in-home child
care for circumstances in which the Board's child care contractor determines
and documents that other child care provider arrangements are not available in
the community.
(f) Boards
shall ensure that subsidies are not paid for a child at the following child
care providers:
(1) Except for foster parents
authorized by DFPS pursuant to §
809.49 of this chapter, licensed
child care centers, including before- or after-school programs and school-age
programs, in which the parent or his or her spouse, including the child's
parent or stepparent, is the director or assistant director, or has an
ownership interest; or
(2)
Licensed, registered, or listed child care homes where the parent also works
during the hours his or her child is in care.
Notes
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