40 Tex. Admin. Code § 809.94 - Providers Placed on Corrective or Adverse Action by Child Care Regulation

(a) For a provider placed on probation corrective action (probationary status) by CCR, Boards shall ensure that:

(1) parents with children in Commission-funded child care are notified in writing of the provider's probationary status no later than five business days after receiving notification from the Agency of CCR's decision to place the provider on probationary status; and

(2) no new referrals are made to the provider while on probationary status.

(b) A parent receiving notification of a provider's probationary status with CCR pursuant to subsection (a) of this section may transfer the child to another eligible provider without being subject to the Board transfer policies described in § 809.71 of this chapter if the parent requests the transfer within 14 calendar days of receiving such notification.

(c) For a provider placed on probationary status by CCR, Boards shall ensure that the provider is not paid at the Boards' enhanced payment rates described in §809.20 while on probationary status.

(d) For a provider against whom CCR is taking adverse action, Boards shall ensure that:

(1) parents with children enrolled in Commission-funded child care are notified no later than two business days after receiving notification from the Agency that CCR intends to take adverse action against the provider;

(2) children enrolled in Commission-funded child care with the provider are transferred to another eligible provider no later than five business days after receiving notification from the Agency that CCR intends to take adverse action against the provider; and

(3) no new referrals for Commission-funded child care are made to the provider while CCR is taking adverse action.

Notes

40 Tex. Admin. Code § 809.94

The provisions of this §809.94 adopted to be effective June 22, 2009, 34 TexReg 4201; Amended by Texas Register, Volume 41, Number 39, September 23, 2016, TexReg 7579, eff. 10/1/2016; Amended by Texas Register, Volume 45, Number 27, July 3, 2020, TexReg 4530, eff. 7/6/2020; Amended by Texas Register, Volume 47, Number 39, September 30, 2022, TexReg 6464, eff. 10/3/2022; Amended by Texas Register, Volume 49, Number 30, July 26, 2024, TexReg 5546, eff. 7/29/2024