10
Chapter
CHILD CARE
Policies & Procedures
Workforce Solutions
Rural Capital Area
Revised August 2015
Child Care
Table of Contents
10.001
BOARD RESPONSIBILITIES ..............................................................................................................1
10.001.01 CHILD CARE INTRODUCTION ................................................................................................................. 1
10.001.02 WORKFORCE SOLUTIONS RURAL CAPITAL AREA CHILD CARE COMMITTEE ..................................................... 1
10.002
GENERAL MANAGEMENT ...............................................................................................................2
10.002.01 QUALITY INITIATIVES ........................................................................................................................... 2
10.002.01.01 Texas Rising Star .......................................................................................................... 2
10.002.02 LOCAL MATCHING FUNDS .................................................................................................................... 3
10.002.03 PROVIDER REIMBURSEMENT RATES ....................................................................................................... 4
10.002.03.01 Quality Provider Rates ................................................................................................. 4
10.002.03.02 Inclusion Assistance Rates ........................................................................................... 4
10.002.04 PROMOTING CONSUMER EDUCATION .................................................................................................... 5
10.002.05 DISCONTINUATION OF CARE ................................................................................................................. 5
10.002.06 ELIGIBILITY DOCUMENTATION ............................................................................................................... 6
10.002.07 WAIT LIST ......................................................................................................................................... 6
10.002.08 PARENT SHARE OF COST ...................................................................................................................... 6
10.002.09 RECORD OF PARENTAL COMPLAINTS ...................................................................................................... 7
10.002.10 FRAUD, WASTE, THEFT AND ABUSE ....................................................................................................... 7
10.002.11 RECOVERY OF IMPROPER PAYMENTS ...................................................................................................... 7
10.002.12 TWC SPECIAL PROVISIONS REGARDING Z-DAYS ........................................................................................ 7
10.002.12.01 Choices Provisions ........................................................................................................... 7
10.002.12.02 CPS Provisions ................................................................................................................. 7
10.002.12.03 Parents with Variable Schedules..................................................................................... 8
10.003
ELIGIBILITY FOR CHILD CARE SERVICES ...........................................................................................9
10.003.01 ELIGIBILITY REQUIREMENTS .................................................................................................................. 9
10.003.01.01 General Eligibility Requirements .................................................................................. 9
10.003.01.02 First Priority Group Eligibility ..................................................................................... 10
10. 003.01.03 Income Eligible Families............................................................................................. 10
10. 003.01.04 Protective Services ..................................................................................................... 10
10. 003.01.05 Self-Employment........................................................................................................ 10
10. 003.01.06 Children of Teen Parents ............................................................................................ 11
10. 003.01.07 Children with Disabilities ........................................................................................... 11
10.003.02 PRIORITIES FOR CHILD CARE SERVICES .................................................................................................. 11
10.003.02.01 First Priority ............................................................................................................... 12
10.003.02.02 Second Priority, in order of priority ............................................................................ 12
10.003.02.03 Third Priority .............................................................................................................. 12
10.003.03 FREQUENCY OF ELIGIBILITY VERIFICATION.............................................................................................. 13
10.003.04 CONTINUITY OF CARE ........................................................................................................................ 13
10.003.04.01 Former DFPS Children Needing Protective Services Related Child Care ..................... 13
10.003.04.02 Former DFPS Children Not Needing Protective Services Related Child Care .............. 13
10.003.04.03 Other Families............................................................................................................ 13
10.003.05 TIME LIMIT FOR EDUCATIONAL ACTIVITIES............................................................................................. 14
10.003.06 CHILD CARE DURING TEMPORARY INTERRUPTION IN EMPLOYMENT, EDUCATION OR JOB TRAINING ACTIVITIES .. 14
10.004
PARENT RIGHTS AND RESPONSIBILITIES ....................................................................................... 16
10.004.01 PARENT RIGHTS ............................................................................................................................... 16
10.004.01.01 Provider Selection ...................................................................................................... 16
10.004.02 REASONABLE DISTANCE FOR CHOICES PARTICIPANTS ............................................................................... 16
10.004.03 TRANSFERS...................................................................................................................................... 17
10.004.03.01 Temporary Transfers During Provider Closure ........................................................... 17
10.004.04 DISCONTINUATION OF CARE ............................................................................................................... 17
10.004.05 WAIT LIST ....................................................................................................................................... 18
10.004.06 UPDATE OF PARENT INFORMATION ...................................................................................................... 18
10.004.07 PARENT RESPONSIBILITY AGREEMENT................................................................................................... 18
10.004.08 ATTENDANCE................................................................................................................................... 19
10.004.09 UTILIZATION OF THE CHILD CARE AUTOMATED ATTENDANCE (CCAA) SYSTEM............................................. 20
10.004.10 SANCTIONS FOR NONCOMPLIANCE....................................................................................................... 21
10.004.10.01 Monetary Sanctions ................................................................................................... 21
10.004.10.02 Termination/Denial ................................................................................................... 22
10.004.10.03 Recoupment............................................................................................................... 22
10.004.11 MANDATORY WAITING PERIOD FOR REAPPLICATION ............................................................................... 23
10.005
REQUIREMENTS TO PROVIDE CHILD CARE .................................................................................... 24
10.005.01 ELIGIBLE PROVIDERS ......................................................................................................................... 24
10.005.01.01 Listed Providers .......................................................................................................... 24
10.005.02 PROVIDER MEMORANDUM OF UNDERSTANDING (MOU) ........................................................................ 25
10.005.02.01 Enrollment and Quality Initiatives ................................................................................ 25
10.005.03 PROVIDER HOLIDAYS AND CLOSURES .................................................................................................... 25
10.005.03.01 Inclement Weather and Other Extenuating Circumstances ......................................... 26
10.005.04 ATTENDANCE................................................................................................................................... 26
10.005.05 UTILIZATION OF THE CHILD CARE AUTOMATED ATTENDANCE SYSTEM......................................................... 27
10.005.06 TRANSFERS...................................................................................................................................... 27
10.005.07 PAYMENT TO PROVIDERS ................................................................................................................... 27
10.005.07.01 Units of Service .......................................................................................................... 28
10.005.07.02 Transportation and Other Fees .................................................................................. 28
10.005.07.03 Reimbursement for Suspended Children .................................................................... 29
10.005.07.04 Reimbursement and Parent Share of Cost ................................................................. 29
10.005.08 COLLECTION OF PARENT SHARE OF COST .............................................................................................. 29
10.005.09 PROVIDER SANCTIONS ....................................................................................................................... 29
10.005.10 REAPPLICATION FOR PROVIDER STATUS AFTER TERMINATION OF THE CCS PROVIDER MOU ........................... 30
10
Chapter
CHILD CARE
10.001
Board Responsibilities
10.001.01
Child Care Introduction
The Workforce Solutions Rural Capital Area (WSRCA) oversees the operation of the Workforce
Solutions Offices in the Rural Capital Area. The Rural Capital Area includes the following nine
counties: Bastrop, Blanco, Burnet, Caldwell, Hays, Fayette, Lee, Llano and Williamson. Child
care is offered as a support service for workforce employment, job training and other services
defined in Texas Administrative Code 801 provided through the Workforce Solutions Offices.
Child care is offered for those who require full year care, not to include former Texas
Department of Family and Protective Services (DFPS) children who need protective services
child care, whose care is limited to six months. The service includes subsidized child care for
eligible families, who pay a share of the cost based on a sliding scale as well as quality initiatives
such as training and technical assistance for eligible child care providers.
The WSRCA works with other agencies and programs to ensure coordinated implementation of
child care services within the Rural Capital Area. As part of the coordination, WSRCA
periodically assesses needs and resources. Child care services are implemented based on the
guidance of, but not limited to, WSRCA policy, Texas Workforce Commission (TWC) policy
and Workforce Development (WD) Letters, Texas Administrative Code (TAC) Chapter 809 and
Code of Federal Regulations (CFR) Title 45, Parts 98 and 99.
10.001.02
Workforce Solutions Rural Capital Area Child Care Committee
A Child Care Committee shall be comprised of appointed WSRCA Board Directors members.
The Committee shall meet as deemed necessary by the Committee and/or Board staff.
References:
TAC Title 40, Part 20, §809.11
Child Care
1
Policies & Procedures
10.002
General Management
10.002.01
Quality Initiatives
WSRCA reviews the child care budget annually to determine the amount of child care funds
available for quality improvements in addition to the funding required by TWC. Quality activities
may include but are not limited to:
 Activities designed to provide comprehensive consumer education to parents and
the public,
 Activities that increase parental choice,
 Activities designed to improve the quality and availability of child care consistent
with 45 Code of Federal Regulations (CFR) §98.51
10.002.01.01 Texas Rising Star
The Child Care Services (CCS) Contractor promotes the Texas Rising Star (TRS) program with
WSRCA CCS providers in order to maximize participation in the program within the Rural
Capital Area. The CCS Contractor follows procedures outlined in WD 13-14. Providers working
toward TRS certification or TRS certified providers working toward a higher level of certification
are given priority to quality initiatives.
10.002.01.01.01
Process for Reconsideration
A current WSRCA provider who is a certified TRS provider or was assessed to become a TRS
provider may request reconsideration of the assessment. The intent of the reconsideration process
is to offer a re-review in the event a provider perceives TRS Guidelines were not followed. The
reconsideration process is not a “second chance” for providers to score better on the TRS
assessment. Denial or loss of TRS certification or a TRS star level rating because of Child Care
Licensing deficiencies, as identified on the Licensing Screening Form, is not eligible for
reconsideration. Requests for reassessment must be submitted on the designated Request for
Reconsideration Form no later than five calendar days of the mailing date to the provider of the
official results of the TRS assessment. Requests for reconsideration must be acknowledged in
writing within three calendar days of receipt. The acknowledgement must outline general next
steps and a timeline.
Requests for reconsideration regarding a measure assessed by documentation review must be
accompanied by supporting documentation to demonstrate why the provider disagrees with the
assessment results. Supporting documentation is reviewed by the original assessor and a second
assessor.
Requests for reconsideration regarding measures assessed through observations result in a second
observation of only the contested area(s). The reconsideration assessment is conducted jointly by
the original assessor and a second assessor, who come to consensus about the scores assigned.
Observations comply with TRS Guidelines. Reconsideration assessment observations are
unannounced and conducted within ten calendar days from the receipt by CCS of the Request for
Reconsideration Form.
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Policies & Procedures
Results from the reconsideration assessment are used to determine the final star level rating.
Results of the reconsideration assessment and its impact, if any, on the provider’s TRS star level
rating, are shared with the provider in writing within five calendar days of the completion of the
reconsideration. Reconsideration is final and will not be further reconsidered by the Board or the
Texas Workforce Commission. The integrated complaints, hearings and appeals process, policy
section 01.010, does not apply to the TRS program.
The written response with the results of the reconsideration must include:





Name of the provider, license number, and person – name and title – who requested the
reconsideration
A summary of the elements subject to reconsideration
Names of the original assessor(s) and assessors involved in the reconsideration process
Date of the reconsideration review
Results of the reconsideration process
After the initial TRS implementation phase, reconsideration process is completed within the same
month as the assessment for which reconsideration was requested to ensure the final star level and
corresponding enhanced rates are effective on the first day of the month following the assessment.
For the initial implementation phase, reconsideration reviews are completed no later than August
15, 2015.
References:
45 CFR §98.50-55
TAC Title 40, Part 20, § 809.16
TAC Title 40, Part 20, § 809.130 – 809.135
Texas Workforce Commission WD Letter 26-12, Senate Bill 264: Quality Child Care Indicators
– Update, and subsequent issuances
Texas Workforce Commission WD Letter 12-13, Change 1, Implementation of Amended Chapter
809, Child Care Services Rules, Regarding Quality Improvement Activities, and subsequent
issuances
Texas Workforce Commission WD Letter 13-14, Texas Rising Star Mentor and Assessor
Qualification and Distribution of Staff Funding, and subsequent issuances
Texas Workforce Commission WD Letter 27-14, Texas Rising Star Provider Certification for
Nationally Accredited Child Care Providers and Providers Regulated by the US Military, and
subsequent issuances
10.002.02
Local Matching Funds
The WSRCA staff is responsible for securing local matching funds. Board staff reviews available
funds annually to assess and determine budgeted amounts for direct care and quality activities.
References:
TAC Title 40, Part 20, § 809.17
Texas Workforce Commission WD Letter 40-09 Change 1, Child Care Local Match Process Update
Texas Workforce Commission WD Letter 67-07, Local Match Agreements with Independent
School Districts Using Public Expenditures for Before- and After-School Programs
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Policies & Procedures
10.002.03
Provider Reimbursement Rates
The WSRCA establishes maximum reimbursement rates that provide equal access to child care in
the Rural Capital Area in a manner consistent with state and federal statutes and regulations
governing child care. The rates are based on local factors and the most recent market rate survey
provided by the TWC as funding allows. The Executive Director or designee reviews the child
care provider reimbursement rates annually to determine if a rate adjustment is needed and
feasible. Recommendations for rate changes are approved by the WSRCA Board of Directors in
an open meeting and TWC prior to implementation.
Providers are reimbursed at the Board’s maximum daily rate or the provider’s published daily
rate, whichever is lower. Providers’ published daily rates are calculated according to TWC
guidance as outlined in TAC 809.21. Providers accept only the assessed parent share of cost and
the WSRCA reimbursement for payment of child care services. CCS Providers cannot receive
double reimbursement for absences.
10.002.03.01 Quality Provider Rates
The maximum reimbursement rates include a graduated reimbursement rate for Texas Rising Star
Providers and Kindergarten Readiness System providers. The minimum reimbursement rate for
Texas Rising Star Providers is at least ten percent greater than the maximum rate established for
non-Texas Rising Star Providers for the same category of care for all ages of children. The
minimum reimbursement rate for providers that obtain school readiness certification or integrated
school readiness models is seven percent greater than the Board maximum daily rate for non-TRS
Providers. Enhanced rates for providers that obtain school readiness certification and integrated
school readiness models will only be applied to pre-school age children.
Note:
Rate changes for TRS providers are effective September 1, 2015.
References:
TAC Title 40, Part 20, § 809.20 - 21
Texas Workforce Commission WD Letter 05-11, Authorizing the Child Care Inclusion Assistance
Rate for Children with Disabilities
Texas Workforce Commission WD Letter 47-07, Increasing Reimbursement Rates for Texas
Rising Star Providers and Child Care Providers Participating in Texas Early Education Model
School Readiness Projects
Texas Workforce Commission WD Letter 02-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Requirements to Provide Child Care
10.002.03.02 Inclusion Assistance Rates
Providers may be paid an inclusion assistance rate, if necessary, to assist in the care of a child
with disabilities. The inclusion assistance rate may be up to 190% of the provider’s
reimbursement rate for a child of that same age. It may be used to provide for additional staff and
necessary training; necessary equipment; and necessary minor revisions. Allowable expenses are
reimbursed with the standard rate. A professional who is familiar with assessing the needs of
children with disabilities must certify the need for the inclusion assistance rate. Provider
compliance with approved activities must be verified by the Child Care Services (CCS)
Contractor within 30 calendar days of receiving approval for the inclusion assistance rate.
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References:
TAC Title 40, Part 20, § 809.20 - 21
Texas Workforce Commission WD Letter 05-11, Authorizing the Child Care Inclusion Assistance
Rate for Children with Disabilities
Texas Workforce Commission WD Letter 47-07, Increasing Reimbursement Rates for Texas
Rising Star Providers and Child Care Providers Participating in Texas Early Education Model
School Readiness Projects
10.002.04
Promoting Consumer Education
The WSRCA ensures that the CCS Contractor makes available a consumer guide about child care
providers who have Provider Memorandums of Understanding (MOU) with CCS. The guide
shall include the following information:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Name, address, telephone number of each child care provider
Whether the provider is licensed or registered with the DFPS
Whether or not the provider meets the Texas Rising Star criteria
The requirements to be licensed or registered with DFPS
A description of the types of facilities or homes
Telephone number and web-site address for DFPS
Information on school readiness and quality rating systems including Texas Rising
Star, school readiness certification system and integrated school readiness models in
accordance with TAC 809.15, and how to choose quality child care
Information about the Texas Information and Referral Network/2-1-1 information
and referral system readiness models
A list of child care providers that meet quality indicators
References:
TAC Title 40, Part 20, § 809.15
TAC Title 40, Part 20, § 809.21
Texas Workforce Commission WD Letter 26-11, Senate Bill 264: Quality Child Care Indicators –
Update
10.002.05
Discontinuation of Care
The WSRCA and the CCS Contractor monitor expenditures on a continual basis so that first
priority clients have funding. When funding is not available any longer, Income Eligible clients
receive 30 calendar days written notification prior to termination of child care services. Under
extenuating circumstances, WSRCA may provide less than 30 days notice. The CCS Contractor
provides information on other child care services in the community for which the family may be
eligible.
When care is discontinued to allow for enrollment of additional first priority clients, the following
shall apply. Terminations are based first on a family characteristics and then characteristics on
individual children. Termination of services is based on the following criteria:
1.
2.
Child Care
Income base of family (higher income terminated first)
Age of child (older children terminated first)
5
Policies & Procedures
3.
4.
Not in a priority group
If necessary, the services for the third priority group will be terminated before
services for the second priority group
Teen parents participating in high school and children with disabilities are the last clients to be
terminated.
References:
TAC Title 40, Part 20, § 809.71(10)
10.002.06
Eligibility Documentation
The CCS Contractor is responsible for all eligibility documentation.
References:
TAC Title 40, Part 20, § 809.42
Texas Workforce Commission WD Letter 44-08, Child Care Services: Documentation of a
Child's Age, Citizenship, or Immigration Status
10.002.07
Wait List
The WSRCA maintains a list of parents waiting to receive child care services. Placement on the
wait list is done upon receipt of a complete application. Parents who owe WSRCA or another
Board money because of improper payments made for child care services may apply for child
care services with WSRCA only if they currently meet eligibility requirements, have agreed to a
payment plan, and are consistently and promptly making payments. Eligibility determination is
made at the point of potential enrollment.
References:
TAC Title 40, Part 20, § 809.18
10.002.08
Parent Share of Cost
The parent share of cost for child care services is calculated on a sliding scale based on the family
household size and family gross income, and further adjusted only by the number of children in
care and when care is only before/after school. On a case-by-case basis, parent share of cost may
be reduced if the Board or the CCS Contractor determines that there are extenuating
circumstances that may jeopardize a family’s self-sufficiency. Families without any allowable
documented income will have parent shares of cost that are calculated to be zero. The parent
share of cost shall not exceed the Board’s maximum reimbursement rate or the provider’s
published rate, whichever is lower.
Note: Effective December 2012.
References:
TAC Title 40, Part 20, § 809.19
Texas Workforce Commission WD Letter 15-11 Change 1, Parent Share of Cost Policy —
Update
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Policies & Procedures
10.002.09
Record of Parental Complaints
The WSRCA maintains data on substantiated parent complaints. Complaints are maintained in
accordance with WSRCA Integrated Complaints, Hearings and Appeals policy.
References:
45 Code of Federal Regulations § 98.32
TAC Title 40, Part 20, Chapter 823
Texas Workforce Commission WD Letter 08-08, Implementation of the New Integrated
Complaints, Hearings, and Appeals Rules
10.002.10
Fraud, Waste, Theft and Abuse
Refer to the Financial Policy Section FP-01.021 for the WSRCA policy regarding fraud, waste,
theft and abuse.
References:
TAC Title 40, Part 20, Chapter 809, Subchapter F
Texas Workforce Commission WD Letter 13-11 Change 1, Requirements for Reporting, FactFinding, and Prosecution of Fraud, Waste, Theft, and Program Abuse Cases, and Collection of
Overpayments – Update
10.002.11
Recovery of Improper Payments
The WSRCA will attempt recovery of all improper payments to a provider or parent. Recovery of
improper payments will be managed in accordance with TWC policies and procedures.
The CCS Contractor will include the WSRCA in all correspondence with the provider.
References:
TAC Title 40, Part 20, § 809.116
TAC Title 40, Part 20, § 809.117
Texas Workforce Commission WD Letter 13-11, Change 1, Requirements for Reporting, FactFinding, and Prosecution of Fraud, Waste, Theft, and Program Abuse Cases, and Collection of
Overpayments – Update
10.002.12 TWC Special Provisions Regarding Z-Days
10.002.12.01 Choices Provisions
Choices case managers are notified when a Choices child reaches 50 percent and 75 percent of
allowed absences in accordance with WD37-11. Choices participants are authorized for child
care during sanction so the parent can demonstrate compliance with the Choices program.
10.002.12.02 CPS Provisions
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Policies & Procedures
Regional Child Protective Services (CPS) day care coordinators are notified, on a mutually
agreed-upon basis, when a child receiving CPS child is absent, including Z-Days.
10.002.12.03 Parents with Variable Schedules
In order to prevent over-counting of absences caused by a parent’s variable work schedule and
minimize the potential for excess authorizations to providers, the TWC The Workforce
Information System of Texas (TWIST) generates claims under one of the two calculations for a
service month as defined in TWC WD 37-11.
References:
Texas Workforce Commission WD Letter 37-11, Including Non-reported Attendance in Local
Workforce Development Board Attendance Policies – Update
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Policies & Procedures
10.003
Eligibility for Child Care Services
10.003.01
Eligibility Requirements
10.003.01.01 General Eligibility Requirements
For a child to be eligible for child care services through the Rural Capital CCS:
1.
2.
3.
The child must be under 13 years of age unless the child qualifies as a child with
disabilities and reside in the Rural Capital Area
The child must be a U. S. citizen or legal immigrant as determined under applicable
federal laws, regulations and guidelines
The child’s family (child’s parents and household dependents) must:
a. Have a total family gross income that does not exceed 85% of the state
median income for a family of the same size (See TAC 809.44,
Calculating Family Income)
b. State the number in household
c. Each participate in a combination of job training, education or
employment activities at least an average of 30 hours each week over a
four-week period. For parents and adult household dependents enrolled in
post-secondary education each credit hour counts as 3 hours of education
activity per week. Each credit hour of a condensed postsecondary
education course counts as six education hours per week.
d. Reside in one of the nine counties in the Rural Capital Area
Parents are informed of all income sources that are required to be reported and the consequences
for not reporting income discovered later.
For children living with a person standing in loco parentis for the child while the child’s parent is
on military deployment, eligibility is based on the deployed military parent’s income and family
size as noted in 3 (a).
In situations where it is reasonable for child care to be provided during the day while a parent
who works at night is sleeping, the Rural Capital CCS may authorize such care. Justification and
authorization for sleep time must be documented.
References:
TAC Title 40, Part 20, § 809.2
TAC Title 40, Part 20, § 809.41 – 809.54
Texas Workforce Commission WD Letter 53-07, Child Care Eligibility: Calculating and
Verifying Work Hours for Self-Employed Parents
Texas Workforce Commission WD Letter 44-08, Child Care Services: Documentation of a
Child's Age, Citizenship, or Immigration Status
Texas Workforce Commission WD Letter 26-09 Change 1, Child Care Income Exclusions
Required by Federal Law or Regulation – Update
Texas Workforce Commission WD Letter 05-11, Authorizing the Child Care Inclusion Assistance
Rate for Children with Disabilities
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Policies & Procedures
Texas Workforce Commission WD Letter 22-11, Fiscal Year 2012 Federal Poverty Guidelines
and State Median Income Amounts for Determining Eligibility and Parent Share of Cost for Child
Care Services
Texas Workforce Commission WD Letter 26-11, Verifying Social Security Numbers in At-Risk
Child Care Cases
Texas Workforce Commission WD Letter 04-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Eligibility for Child Care Services
Texas Workforce Commission Policy Clarification #25
10.003.01.02 First Priority Group Eligibility
Families eligible for child care in the first priority group as defined in section 10.003.02 must
meet the eligibility requirements defined in the TAC.
10. 003.01.03 Income Eligible Families
When evaluating the need for child care for income eligible families, the CCS Contractor must
consider if there are other sources of child care available. The CCS Contractor authorizes child
care for the number of hours needed to support the parent’s participation in employment,
education or training activities.
For parents and adult household dependents enrolled in General Educational Development (GED)
training, each classroom hour will count as three hours of educational activity per week. The
remaining participation hours per week must be met by employment, or by training in a structured
classroom environment.
10. 003.01.04 Protective Services
Eligibility for child care for children needing protective services is determined by DFPS and
continues as long as it is authorized and funded by DFPS, regardless of the number of paid
absences. Children with open DFPS cases for which DFPS has not authorized child care and no
longer has child care funds available are subject to WSRCA waiting list policy. DFPS may
authorize child care for a child under court supervision up to age 19.
Note: Effective December, 2012.
10. 003.01.05 Self-Employment
Individuals who are self-employed must demonstrate that the enterprise renders a clear pathway
to self-sufficiency by lessening family reliance on public benefits. In addition to the regular
eligibility documents required to be considered for child care services, self-employed parents
must furnish an employer identification number (EIN) and verification of three months of selfemployment.
For ongoing monthly verification, self-employed individuals are required to submit
documentation that provides information on the amount of income generated and the associated
business expenses. Acceptable documentation includes:
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Policies & Procedures


Invoices signed by the customer that contain the customer name, service rendered,
date, beginning and ending time and location where services were rendered and the
amounts received; and
Business expense receipts that substantiate the expenses to be deducted from the
gross income, if applicable.
The income verification cannot show a negative or zero income for six months during a 12 month
period. In addition, self-employed parents must furnish a filed tax return after the first year of
self-employment and each subsequent year.
There is a delayed implementation date of October 1, 2012 for 10.003.01.05. Until that date,
eligibility requirements defined in Chapter 10 Child Care Policy and Procedures revised October
2011 remains in effect.
10. 003.01.06 Children of Teen Parents
In addition to the eligibility requirements above, a child of a teen may be eligible for child care if
the teen needs child care to complete high school or the equivalent. The teen parent’s family
income is based solely on the teen parent’s income and size of the teen’s family.
10. 003.01.07 Children with Disabilities
A child qualifies as a child with disabilities if they are physically or mentally incapable of caring
for themselves. (See TAC 809.2, Definitions) Child care services are extended to children with
disabilities who are 13 to 19 years of age, provided that the general eligibility requirements are
met. For the purpose of calculating total household income, the child’s on-going medical
expenses are deducted from the gross.
References:
TAC Title 40, Part 20, § 809.2
TAC Title 40, Part 20, § 809.41 – 809.54
Texas Workforce Commission WD Letter 53-07, Child Care Eligibility: Calculating and
Verifying Work Hours for Self-Employed Parents
Texas Workforce Commission WD Letter 44-08, Child Care Services: Documentation of a
Child's Age, Citizenship, or Immigration Status
Texas Workforce Commission WD Letter 05-11, Authorizing the Child Care Inclusion Assistance
Rate for Children with Disabilities
Texas Workforce Commission WD Letter 22-11, Fiscal Year 2012 Federal Poverty Guidelines
and State Median Income Amounts for Determining Eligibility and Parent Share of Cost for Child
Care Services
Texas Workforce Commission WD Letter 26-11, Verifying Social Security Numbers in At-Risk
Child Care Cases
Texas Workforce Commission WD Letter 10-13, Child Care Income Exclusions Required by
Federal Law or Regulation – Update
10.003.02
Priorities for Child Care Services
WSRCA provides child care services to eligible families based on the following priority lists.
Except for the first priority group, enrollment is based on the availability of funding.
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Policies & Procedures
10.003.02.01 First Priority
Children of families eligible for the following programs are ensured services:




Choices,
Transitional,
Temporary Assistance for Needy Families (TANF) applicants or
Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T)
10.003.02.02 Second Priority, in order of priority






Children who need to receive protective services child care funded by DFPS,
Children of a qualified veteran or spouse of a veteran,
Children of a foster youth,
Children of parents on military deployment whose parents are unable to enroll in
military-funded child care assistance,
Children of teen parents,
Children with disabilities
The CCS Contractor works within the local community to determine the availability of militaryfunded child care programs and ensures military parents provide documentation of the
unavailability of space or the military program.
References:
TAC Title 40, Part 20, § 809.2
TAC Title 40, Part 20, § 809.23
TAC Title 40, Part 20, § 809.43
TAC Title 40, Part 20, § 809.45 – 809.48
Texas Workforce Commission WD Letter 34-11, Children Receiving or Needing Protective
Services -- Update
Texas Workforce Commission WD Letter 35-11, Priority of Service for Eligible Veterans Update
Texas Workforce Commission WD Letter 43-11, Priority of Service for Eligible Foster Youth
Texas Workforce Commission WD Letter 04-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Eligibility for Child Care Services
10.003.02.03 Third Priority


Siblings of children currently in care
Workforce Investment Act children participants
References:
TAC Title 40, Part 20, § 809.2
TAC Title 40, Part 20, § 809.23
TAC Title 40, Part 20, § 809.43(a)
TAC Title 40, Part 20, § 809.45 – 809.48
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Policies & Procedures
Texas Workforce Commission WD Letter 34-11, Children Receiving or Needing Protective
Services -- Update
Texas Workforce Commission WD Letter 35-11, Priority of Service for Eligible Veterans Update
Texas Workforce Commission WD Letter 43-11, Priority of Service for Eligible Foster Youth
10.003.03
Frequency of Eligibility Verification
The CCS Contractor determines a family’s eligibility for child care based on the frequency of
changes in family status not to exceed every twelve months, with informal eligibility reviews
conducted not more than every 6 months to determine if there is cause to conduct an official
redetermination prior to the end of the annual eligibility period. Status changes that do not affect
eligibility for services are documented in the case file and formally processed at annual redetermination. The CCS Contractor may determine eligibility on a shorter frequency for families
including but not limited to those participating in a training or educational component, those who
are self-employed or who have frequent income changes.
References:
TAC Title 40, Part 20, § 809.42(b) (2)
10.003.04
Continuity of Care
In closed DFPS cases where child care is no longer funded by DFPS, the following procedures
shall apply:
10.003.04.01 Former DFPS Children Needing Protective Services Related Child Care
Regardless of whether the family meets the income eligibility requirements of the WSRCA or is
working, or in an educational or training activity, if DFPS determines on a case-by-case basis that
the child continues to need protective services and child care is integral to that need, then the
WSRCA shall continue the child care by using other funds, including funds received through
TWC, for the child care slot for up to six months after the DFPS case is closed. At the time of the
determination, DFPS staff is advised that discretion must be used to ensure that the determination
for continued child care is absolutely necessary as the child care must be funded by WSRCA.
10.003.04.02 Former DFPS Children Not Needing Protective Services Related Child Care
If the family meets income eligibility requirements of the WSRCA and if DFPS does not state on
a case-by-case basis that the child continues to need protective services or child care is not
integral to that need, then the WSRCA may provide child care subject to the availability of funds.
To receive child care under this DFPS determination, the parent must be working, or in a training
or educational activity.
10.003.04.03 Other Families
WSRCA ensures:

Child Care
Children of military parents in military deployment do not have a disruption of child
care services or eligibility because of the military deployment.
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Policies & Procedures

Children who are required by a court-ordered custody or visitation arrangement are
permitted to continue receiving child care by the same provider, or another provider if
agreed to by the parent in advance of the leave, upon return from the court-ordered
custody or visitation arrangement.
References:
TAC Title 40, Part 20, § 809.49
TAC Title 40, Part 20, § 809.54(c)
Texas Workforce Commission WD Letter 34-11, Children Receiving or Needing Protective
Services - Update
10.003.05
Time Limit for Educational Activities
For families who are eligible based on participation in education activities, WSRCA provides
child care services up to 48 months for:
1. Technical training after completion of high school or a GED;
2. An undergraduate degree (either associate or bachelor) for up to 48 months
Under special circumstances, the length of time that child care can be provided may be extended
upon approval of the WSRCA Executive Director or designee.
Parents participating in educational activities must make successful progress towards completion
of the degree, license or certification each semester, which is defined as either passing or a 2.0
grade point average for each class depending on the grading system used by the educational
institution. Parents are considered to have successfully completed their educational or training
activity if at the end of the time limits, a degree, certification, diploma, or license is obtained.
Note: Effective December, 2012.
References:
TAC Title 40, Part 20, § 809.41(b)
10.003.06
Child Care During Temporary Interruption in Employment,
Education or Job Training Activities
Clients who are determined eligible and have an interruption in employment, education or job
training activities, may receive:


Child Care
4 week job search –enrolled, eligible children may receive child care services for up
to four weeks within a federal fiscal year while a parent searches for work because of
interruptions in the parent’s employment,
60 calendar day disability – for each parent, one (1) time within 12 month period
child care may be allowed to continue for no more than 60 calendar days from the
documented effective date of the temporary medical incapacitation. Child care may
be suspended for no more than an additional 30 calendar days following the 60
calendar day period of medical incapacitation.
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Policies & Procedures

Continuing child care services when the temporary interruption is due to: illness of
the parent or child, reduction in business hours, jury duty, brief breaks such as
holidays, school breaks, and breaks between the end of the last summer session and
the beginning of the fall session. These interruptions must be documented.
Before care is suspended for the reasons described in this section, a parent must provide:
1. Documentation from the employer or training provider stating that the parent will be
returning to work or job training activities following the temporary cessation of these
activities or medical incapacitation; or
2. Written notification to the CCS Contractor of the parent’s intent to enroll in an
educational institution following the temporary cessation of educational activities.
WSRCA is not required to hold the space at the child care provider open for the child during the
suspension or to resume child care at the same provider used prior to the documented temporary
interruption.
Child care may be suspended for up to 90 calendar days from the documented effective date of
temporary interruption of activities. Examples of these interruptions might be for employees such
as teachers and teachers’ aides, and for students and teen parents during summer breaks if the
parent is not enrolled in summer school.
References:
TAC Title 40, Part 20, § 809.41 (d)
TAC Title 40, Part 20, § 809.51
Texas Workforce Commission WD Letter 36-08, Child Care during Temporary Interruptions in
Work, Education, or Job Training
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10.004
Parent Rights and Responsibilities
10.004.01
Parent Rights
Parents receiving child care services have the rights defined in TAC 809.71.
A parent has the right to request an appeal hearing if the parent’s eligibility or child’s enrollment
is denied, delayed, reduced, suspended, or terminated by the CCS Contractor. The appeal process
is outlined in WSRCA’s Policy, Chapter 1.010, Integrated Complaints, Hearings and Appeals.
Children receiving protective services follow DFPS procedures for appeals.
10.004.01.01 Provider Selection
Parents have the right to choose the type of child care provider that best suits their needs within
the nine county area of WSRCA. Under limited circumstances, parents may be approved to select
a provider outside of WSRCA’s nine county area. Those limited circumstances include:





The child(ren) are currently in care with the selected out of area provider.
In area providers do not have hours of operation that are accommodating to the parent’s
work or school location to facilitate the child(ren) being dropped off and picked up timely.
Child’s special needs cannot be accommodated with an in area provider.
There are not any openings for CCS children within the county where the parent resides or
attends work/school.
Other circumstances as approved by the WSRCA Executive Director, or designee.
References:
TAC Title 40, Part 20, § 809.71
TAC Title 40, Part 20, Chapter 823, Integrated Complaints, Hearings and Appeals
Texas Workforce Commission WD Letter 08-08, Implementation of the New Integrated
Complaints, Hearings, and Appeals Rules
10.004.02
Reasonable Distance for Choices Participants
For individuals who use cars or public transportation to travel to child care and work, child care is
not available within a reasonable distance if the total time it takes to travel from home to child
care and from child care to work is either:
1.
2.
More than 1 hour
More than twice the time it takes to make the trip by car (for those who travel by
some other means of transportation), whichever is shorter
For individuals who walk to child care and work, child care is considered available within a
reasonable distance if the total trip from home to child care and child care to work is no longer
than the average commute time for the county. To determine the average commute time the
WSRCA uses statistics from the U.S. Census data or other appropriate data.
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Policies & Procedures
In measuring whether child care is a reasonable distance the WSRCA considers the actual time it
would take the particular individual to make these trips, given the means of transportation used,
and the days and times that the individual is traveling.
In addition, the transportation to and from child care must be affordable to be considered
reasonable.
References:
TAC Title 40, Part 20, § 811.16
10.004.03
Transfers
A CCS sponsored child may transfer from one child care provider to another child care provider
two times within a fiscal year unless there are extenuating circumstances to warrant additional
transfers. Parents are required to give two week’s notice to the provider if allowed by the funding
source and circumstances. DFPS families are exempt from the requirement to provide two
week’s notice as are families who are terminated for failure to pay monetary sanctions as
described in section 10.004.10.
10.004.03.01 Temporary Transfers During Provider Closure
If parents need child care on the days the provider is closed for two or fewer days the parent is
responsible for arranging and paying for those days. The minimum number of days a child may
temporarily transfer to another provider is three. Transfers are only allowed after the first two
consecutive days of closure by the original provider.
References:
TAC Title 40, Part 20, § 809.71(3)
Texas Workforce Commission WD Letter 42-09, Continuity of Care for Children of Parents in
Military Deployment
There is a delayed implementation date of October 1, 2012 for 10.004.03. Until that date, transfer
requirements defined in Chapter 10 Child Care Policy and Procedures revised October 2011
remains in effect.
10.004.04
Discontinuation of Care
Children may only be removed from care when:
1.
2.
Parents fail to adhere to WSRCA eligibility requirements and policies or
Funding does not support the increase in first priority clients, such as Choices and
Transitional child care recipients, while maintaining the same level on Income
Eligible child care enrollments. See Section 10.002.05 for additional information.
References:
TAC Title 40, Part 20, § 809.71(10)
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Policies & Procedures
10.004.05
Wait List
Parents on the wait list are responsible for keeping their application information current.
Child care services are provided equitably among the nine counties in the Rural Capital Area to
greatest extent possible. When there is a wait list for services, a comparison of the difference
between the county poverty share and the current proportion of WSRCA child care expenditures
by county is done. Counties are then ranked from highest to lowest discrepancy between county
poverty share and expenditures. Order of enrollment is based on the ranking of the family’s
county of residence. Children in any priority group are enrolled regardless of the rank of the
county of residence. If there are not any families on the wait list in a county where the percentage
of poverty share is less than the percentage of direct child care funds expended, the CCS
Contractor goes to the next ranked county.
References:
None.
10.004.06
Update of Parent Information
Parents are required to report any change in status within 10 calendar days of the change. Status
changes include but are not limited to any changes in family income, family size, work or
attendance in a job training or educational program, residence, and any other changes that may
affect eligibility. Status changes that do not affect eligibility for services are documented in the
case file and formally processed at the time of annual re-determination.
References:
TAC Title 40, Part 20, § 809.73 – 809.74
10.004.07
Parent Responsibility Agreement
At initial eligibility and each recertification the parent or caretaker of a child receiving child care
services through the CCS program must adhere to the Parent Responsibility Agreement (PRA),
unless the parent is receiving TANF or services through DFPS Child Protective Services division.
A person standing in loco parentis for a child whose parents are in military deployment is not
required to comply with the PRA requirements.
The Parent Responsibility Agreement requires that:
1.
2.
3.
Child Care
Each parent shall cooperate with the Texas Office of the Attorney General’s (OAG),
if necessary, to establish paternity of the parent’s children and to enforce child
support on an on-going basis.
Each parent shall not use, sell, or possess marijuana or a controlled substance in
violation of Health and Safety Code, Chapter 481, or abuse alcohol.
Each child in the family younger than 18 years of age attend school regularly, unless
the child has a high school diploma or a high school equivalency certificate or is
specifically exempted from school attendance by Texas Education Code, §25.086.
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Policies & Procedures
On-going child support may entail either child support case with the OAG or an arrangement with
the noncustodial parent for regular child support. Documentation must be provided to show that
child support is received on a regular basis. Arrangements with the noncustodial parent for
regular child support may include either a court order that states the amount of child support
ordered, or a personal arrangement with the non-custodial parent. Acceptable documentation for
personal arrangements includes:





The WSRCA Personal Child Support Arrangements Worksheet;
Proof of residency of the non-custodial parent, and
Copies of bank statements showing direct deposit amounts that match the amount listed on
the personal arrangements worksheet or
Copies of money orders, cashier’s checks or personal checks (before being cashed); and
Copies of bank statements showing that the money order, cashier’s check or personal
check cleared
If a parent declares the receipt of child support, that amount is included in the calculation of
income; however, receipt of child support does not negate the requirement to provide proof of
establishment of paternity. The CCS Contractor maintains documentation of paternity and child
support in the case file.
Failure by the parent to comply with any provision of the PRA within three months of initial
eligibility shall result in termination of the family’s child care services.
The parent is not required to comply with the establishment of paternity or enforcement of child
support if one or more of the below situations exist:
1.
2.
3.
4.
5.
6.
7.
The paternity of the child cannot be established after a reasonable effort to do so;
The child was conceived as a result of incest or rape;
The parent of the child is a victim of domestic violence;
Adoption proceedings for the child are pending;
The parent of the child has been working with an agency for three months or less to
decide whether to place the child for adoption;
The child may be physically or emotionally harmed by cooperation; or
The parent may be physically or emotionally harmed by cooperation, to the extent of
impairing the parent’s ability to care for the child.
In these cases “Good Cause” is noted on the Parent Responsibility Agreement at the initial
eligibility determination and at each eligibility re-determination thereafter.
References:
TAC Title 40, Part 20, § 809.76
TAC Title 40, Part 20, § 809.77
Texas Workforce Commission WD Letter 43-08 Change 1, Documenting Child Support Income
and Parent Cooperation with the Office of the Attorney General – Update
10.004.08
Attendance
WSRCA considers excessive absences to be
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19
Policies & Procedures


More than thirty days of absences or non-swipe on the Child Care Automated
Attendance (CCAA) system (Z days) in a one year period from the enrollment
anniversary date
Absence of five consecutive days without parental notice to the provider or CCS
Contractor
Days missed due to court ordered visitation are credited and not counted as absences. The
enrollment of the child will continue according to the court ordered visitation schedule decreed by
the court. In addition, for children in relative care, absences are not counted as part of the child’s
allowed maximum number of absences because relative providers are not reimbursed for those
days.
Days missed due to inclement weather or other extenuating circumstances, as defined in Section
10.005.03.01, will be paid as present (P’s) and will not count as absences for the child.
For any child whose services are terminated for excessive absences, upon re-enrollment within
the anniversary year, that child receives a credit of absences for the number of months between
the month of re-enrollment and the original enrollment anniversary date.
Parents are notified about the number of absences at 50% and 75% of the allowed absences.
Corrective actions for excessive absences are defined in Section 10.004.10. Parents may not be
charged by the provider for non-reported attendance.
An absence extension of no more than 30 days may be granted by the WSRCA if two-thirds or
more of the child’s absences are due to substantiated illnesses or other extenuating circumstances
that were beyond the control of the parent.
References:
TAC Title 40, Part 20, § 809.54(f)
TAC Title 40, Part 20, § 809.92(b) (4)
TAC Title 40, Part 20, § 809.93
Texas Workforce Commission WD Letter 37-11, Including Nonreported Attendance in Local
Workforce Development Board Attendance Policies – Update
Texas Workforce Commission WD Letter 02-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Requirements to Provide Child Care
Texas Workforce Commission WD Letter 03-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Eligibility for Child Care Services
10.004.09
Utilization of the Child Care Automated Attendance (CCAA)
System
The CCS Contractor is responsible for notifying parents of CCAA reporting requirements and
obtaining written acknowledgement of parents’ understanding of parent attendance care
responsibilities as detailed in TAC 809.78. Parents must provide written acknowledgement of
CCAA requirements at initial eligibility determination and eligibility redetermination. Parents
must utilize the CCAA system daily to record the attendance and absences of each child.
Parents shall:
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20
Policies & Procedures






Not designate anyone under age 16 as a secondary cardholder, unless the individual is a
child’s parent,
Not designate the owner, assistant director, or director of the child care facility as a
secondary cardholder,
Ensure the attendance care is not misused by secondary cardholders,
Inform secondary cardholders of the responsibilities for using the attendance card;
Ensure the secondary cardholders comply with these responsibilities, and
Ensure the protection of attendance cards issued to them or a secondary cardholders.
Parents shall report to the CCS Contractor within five calendar days any instance in which a
parent’s attempt to record attendance in the CCAA system is denied or rejected and cannot be
corrected at the provider site. Failure to report such instances will result in absences being
counted toward the maximum number of allowable allowances. If reported as required and
documentation is provided to substantiate that non-swipes were not user error, those absences will
be credited.
Parents may be held responsible for paying the provider for attendance and absences that are not
reimbursed by WSRCA if child care services are terminated.
References:
TAC Title 40, Part 20, § 809.78
Texas Workforce Commission WD Letter 37-11, Including Nonreported Attendance in Local
Workforce Development Board Attendance Policies -- Update
Texas Workforce Commission WD Letter 03-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Eligibility for Child Care Services
Texas Workforce Commission WD Letter 05-13, Notice to Child Care Providers regarding Child
Care Automation System Responsibilities and Reporting Requirements - Update
10.004.10
Sanctions for Noncompliance
Failure of a parent to comply with WSRCA policy or TWC rules may result in sanctions up to
and including termination of services. In determining which sanction to apply, the WSRCA
considers the scope and severity of the violation, as well as the compliance history of the parent.
The following general guidelines are applied as sanctions. At the WSRCA’s discretion, more or
less severe sanctions may be applied. The number of offenses is assessed within a rolling twoyear period from the time of the offense.
10.004.10.01 Monetary Sanctions
A monetary sanction may be applied when a parent does not comply with WSRCA policy or
TWC rules. Failure to report a status change will result in a monetary sanction. For non-reported
status changes that do not affect eligibility, as determined by the WSRCA or the CCS Contractor,
a sanction will be applied for first and second offenses by the parent. For non-reported status
changes that affect eligibility related to temporary interruptions in employment, education or job
training activities as defined in Section 10.003.06, if child care services are approved to be
continued based on documentation submitted by the parent, a monetary sanction will apply for the
first and second offense. If a parent’s child care services are terminated for failure to pay the
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Policies & Procedures
parent share of cost and the parent appeals the termination, a monetary sanction will be applied if
it is the first offense and care is reinstated, either through an informal resolution process or a
formal appeal hearing.
Failure by the parent to pay the monetary sanction in full within 15 calendar days is considered a
voluntary withdrawal and results in immediate termination.
Note: Effective December, 2012.
10.004.10.02 Termination/Denial
Child care services are terminated/denied for but not limited to the following noncompliances:








Third failure to report a status change within a two-year period as outlined above
Excessive absences
Late or nonpayment of the parent share of cost
Providing the CCAA card or personal identification number (PIN) to another person,
including the child care provider
Failure to comply with the Parent Responsibility Agreement
Failure to meet eligibility requirements, except as noted above in Section
10.004.10.01
Failure to submit eligibility documentation timely
Failure to report income that impacts eligibility
At the discretion of the WSRCA Executive Director, or designee, termination for failure to meet
eligibility requirements if reported within the 10 calendar days may be waived for documented
reasonable cause.
Parents whose child care services are terminated or reduced are given 15 calendar days written
notice unless:


the services are terminated because the child was absent for five consecutive authorized
days of care without contact from the parent by the end of the fifth authorized day; or
the services are terminated because the parent is no longer participating in the Choices or
SNAP E&T program or services are authorized to end immediately for children in
protective services care.
10.004.10.03 Recoupment
Parents may be required to repay any child care services received during a time when they were
not eligible to receive those services or otherwise fail to comply with WSRCA child care policy
as these are considered improper payments. Parents who must repay improper payments for child
care services to any Local Workforce Development Board in Texas may apply for child care
services and/or continue to receive child care services with WSRCA only if they currently meet
eligibility requirements, have agreed to a payment plan, and are consistently and promptly making
payments. If a payment is not made in accordance with the terms of the payment plan, the parent
will be given 15 days notice of termination.
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Policies & Procedures
All amounts identified as improper payments are due at the time the parent is notified of the
improper payment. Payment plans are allowable when the amount can be repaid within 12
months or as approved by WSRCA.
References:
TAC Title 40, Part 20, § 809.72
TAC Title 40, Part 20, § 809.73
TAC Title 40, Part 20, § 809.76
TAC Title 40, Part 20, § 809.114 - 117
Texas Workforce Commission WD Letter 43-08 Change 1, Documenting Child Support Income
and Parent Cooperation with the Office of the Attorney General - Update
Texas Workforce Commission WD Letter 25-11, Collecting Monetary Sanctions Imposed on
Parents
Texas Workforce Commission WD Letter 03-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Eligibility for Child Care Services
Texas Workforce Commission WD Letter 04-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Eligibility for Child Care Services
10.004.11
Mandatory Waiting Period for Reapplication
If terminated, the family is ineligible to reapply for services or be placed on the wait list for:



30 calendar days if terminated for the first noncompliance
60 calendar days if terminated for the second noncompliance
90 calendar days for the third or more noncompliance
Families who are denied or delayed services are ineligible to reapply for services for 30 calendar
days. Families who voluntarily withdraw, as described in Section 10.004.10.01 are also ineligible
to reapply for services for 30 calendar days. Families terminated for noncompliance with the
Parent Responsibility Agreement are not eligible for child care services until the parent
demonstrates compliance but must wait at least 30 days before reapplying.
Choices parents whose services are terminated for excessive absences will not have a mandatory
waiting period for reapplication if the parent is on sanction status for nonparticipation in Choices.
The number of offenses is assessed within a rolling two-year period from the time of the offense.
If TWC or WSRCA confirms that a parent committed fraud, the parent is prohibited from
receiving future child care services except as noted in TAC 809.113.
Note: Effective December, 2012.
References:
TAC Title 40, Part 20, § 809.55
TAC Title 40, Part 20, § 809.76 (d)Texas Workforce Commission WD Letter 04-13,
Implementation of Amended Chapter 809, Child Care Services Rules, Regarding Eligibility for
Child Care Services
TAC Title 40, Part 20, § 809.113
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Texas Workforce Commission WD Letter 37-11, Including Nonreported Attendance in Local
Workforce Development Board Attendance Policies – Update
10.005
Requirements to Provide Child Care
10.005.01
Eligible Providers
To be eligible to provide child care services in the Rural Capital Area, a provider:
1. Must be in good standing with the DFPS, Child Care Licensing division as a:




Licensed child care center
Licensed child care home
Registered child care home
Listed family home
2. Provide official documentation of its EIN.
3. For licensed centers and child care homes, initial status with DFPS must be completed
and a permanent license issued by DFPS. This will not apply for centers that had a
permanent license but changed owners or that were issued a new license because the
facility location changed.
To the greatest extent practicable, CCS providers must provide full year, full day child care in
order to meet the needs of low-income parents who are working, attending a job training or
educational program. Providers shall not deny a child care referral based on the parent’s income
status, receipt of public assistance, or the child’s protective service status.
References:
TAC Title 40, Part 20, § 809.91
TAC Title 40, Part 20, § 809.92 (e)
Texas Workforce Commission WD Letter 50-07c1, Child Care: Forms and Guidance for
Relatives Required to List with the Department of Family and Protective Services – Update
Texas Workforce Commission WD Letter 37-10, Implementation of the New In-Home Child
Care Rules
Texas Workforce Commission WD Letter 32-11, Requirements for Relative Child Care Providers
to List with the Texas Department of Family and Protective Services
Texas Workforce Commission WD Letter 02-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Requirements to Provide Child Care
10.005.01.01 Listed Providers
The following relatives who are at least 18 years of age are eligible to provide care as a listed
provider if chosen by the parent:
1. Child’s grandparents
2. Child’s great-grandparents
3. Child’s aunt
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Policies & Procedures
4. Child’s uncle
5. Adult sibling of the child
Listed providers may care for a child in the child’s home only as defined in TAC 809.91 (e) 2-3.
In addition, listed providers are not reimbursed for more than 6 children in care.
References:
Texas Administrative Code (TAC) Title 40, Part 20, § 809.91
Texas Workforce Commission WD Letter 50-07c1, Child Care: Forms and Guidance for
Relatives Required to List with the Department of Family and Protective Services – Update
Texas Workforce Commission WD Letter 37-10, Implementation of the New In-Home Child
Care Rules
Texas Workforce Commission WD Letter 32-11, Requirements for Relative Child Care Providers
to List with the Texas Department of Family and Protective Services
10.005.02
Provider Memorandum of Understanding (MOU)
Provider MOUs are contracts between the CCS Contractor and the providers of child care, which:
1.
2.
3.
Are in writing and signed by the provider and the CCS designee before child care
services are rendered
Specify the roles and responsibilities of the parties
Include notices, statements, and terms that detail provider obligations for complying
with federal and state statutes and regulations relating to child care as outlined in the
contract between WSRCA and the CCS Contractor
Failure by the CCS Contractor to maintain a Provider MOU may result in disallowed costs by
WSRCA and TWC.
10.005.02.01 Enrollment and Quality Initiatives
CCS providers who not do have any CCS children enrolled for three months will not receive any
benefits through WSRCA quality initiative projects, including but not limited to training, until
CCS children are enrolled again. Providers who do not have any CCS children enrolled for 12
months will have their MOU terminated. TRS providers that are independent school districts that
do not provide year round child care will be given a 3-month extension into the next school year.
If a CCS child is not enrolled during that 3-month extension, the MOU will be terminated.
References:
TAC Title 40, Part 20, § 809.92
10.005.03
Provider Holidays and Closures
All providers with a current MOU with the CCS Contractor, except relative providers, may bill
for up to nine days when the facility is closed and there are not any children in care. These nine
days must be documented in the Provider MOU. No more than two consecutive business days are
reimbursed. Providers are required to obtain approval from the CCS Contractor prior to changing
a date listed in the Provider MOU. Approval must be obtained at least thirty calendar days in
advance.
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Providers who participate in the Texas Rising Star Program are allowed to bill the following
additional days when the facility is closed and there are not any children in care. These days may
be used for staff development.
1.
2.
3.
4.
2 Star Texas Rising Star Providers are allowed up to one additional day
3 Star Texas Rising Star Providers are allowed up to an additional two days
4 Star Providers are allowed up to an additional three days
Texas School Ready Providers are allowed up to an additional 2 days
All providers are required to notify parents at time of enrollment of the regularly scheduled days
that their facility is closed.
10.005.03.01 Inclement Weather and Other Extenuating Circumstances
Regulated providers may be reimbursed for up to five business days in a fiscal year when forced
to close because of the following circumstances:






Icy roads (when the public school district in the town the provider is located is also
closed)
Fire
Flooding
Building collapse
Health epidemics if closure is required by the county or city government
Or other extenuating circumstances approved by WSRCA on a case-by-case basis.
Reimbursement is contingent upon the provider notifying the CCS contractor on the first business
day of the closure. Notification may be made by phone, text, or email. Reimbursement is made
only for CCS children who do not transfer to another provider during the closure.
References:
TAC Title 40, Part 20, § 809.93
Texas Workforce Commission WD Letter 02-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Requirements to Provide Child Care
10.005.04
Attendance
The provider must initially notify the CCS Contractor staff of any child’s absence of three
consecutive days of scheduled care without any parental contact and then again on the fifth
consecutive day.
References:
TAC Title 40, Part 20, § 809.92(b) (4)
TAC Title 40, Part 20, § 809.54(f)
Texas Workforce Commission WD Letter 05-10c1, Parent Requirements for Child Care
Attendance Automation – Update
Texas Workforce Commission WD Letter 37-11, Including Non-reported Attendance in Local
Workforce Development Board Attendance Policies - Update
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Policies & Procedures
10.005.05
Utilization of the Child Care Automated Attendance System
Providers must utilize the CCAA portal to verify the attendance and absences of CCS child(ren).
Providers are required to review the CCAA portal at a minimum of every other day (every two
days). In addition, providers must ensure the CCAA system is operational and available for use
by parents.
Employees of child care providers shall not:



possess, have on the premises, or otherwise have access to the attendance care of a parent
or secondary cardholder,
Accept or use the attendance card or PIN of a parent or secondary cardholder, or
Perform the attendance or absence reporting function on behalf of the parent
The owner, director, or assistant director of a child care provider shall not be designated as the
secondary cardholder by a parent with a child enrolled with the provider.
Providers shall report misuse of attendance cards and PINS to the WSRCA or the CCS Contractor
within five calendar days. In addition, providers shall report to the CCS Contractor authorized
days that do not match the referral in TWC’s automated attendance system within five days of
receiving the authorization.
References:
TAC Title 40, Part 20, § 809.95
Texas Workforce Commission WD Letter 05-10c1, Parent Requirements for Child Care
Attendance Automation – Update
Texas Workforce Commission WD Letter 37-11, Including Non-reported Attendance in Local
Workforce Development Board Attendance Policies – Update
Texas Workforce Commission WD Letter 05-13, Notice to Child Care Providers regarding Child
Care Automation System Responsibilities and Reporting Requirements - Update
10.005.06
Transfers
Providers will honor the two week’s notice provided by parents, for those who are required to
provide it, and not immediately terminate the child(ren) in care without due cause as approved by
the CCS Contractor.
References:
TAC Title 40, Part 20, § 809.71(3)
10.005.07
Payment to Providers
Providers are paid for both CCAA swiped days and CCAA non-swiped (Z) days, except for
relative child care providers, who are not reimbursed for days on which the child is absent.
Providers are only reimbursed for days that match the referral in the TWC automated attendance
system, unless the provider reports the discrepancy within five calendar days of receiving the
referral.
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Policies & Procedures
Payments to providers are only made via electronic funds transfer (EFT) and are paid based on
CCAA attendance and absences. Providers are prohibited from charging the difference between
the providers’ published rate and the amount of the Board’s reimbursement rate (including the
assessed parent share of cost) to any parent eligible for CCS.
In addition, subsidies are not paid for a child at the following child care providers:
1. Licensed child care centers, including before or after-school 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.
10.005.07.01 Units of Service
Payments for services are based on a full day unit of service, defined as six to twelve hours of
care provided within a 24 hour period, and a part day unit of service defined as less than six hours
of care provided within a 24 hour period. In determining whether parents are authorized for full
or part day units, the Child Care Contractor accounts for the parent’s travel time to and from the
child care facility and the parent’s work, school, or job training site.
10.005.07.02 Transportation and Other Fees
Providers may only charge the following fees, if required, to parents:


Late pick-up
Returned check
Additional fees, such as those for registration, supplies or transportation are not reimbursed and
may not be charged to parents. These fees are accounted for when setting the maximum provider
reimbursement rates.
Optional fees, such as field trip costs, may be paid by parents, at their discretion. Care must be
provided for children whose parents chose not to pay for optional fees. CCS does not reimburse
optional fees under any circumstances. Providers shall not charge fees to a parent receiving child
care subsidies that are not charged to a parent who is not receiving subsidies.
References:
TAC Title 40, Part 20, § 809.20
TAC Title 40, Part 20, § 809.91 (a)
TAC Title 40, Part 20, § 809.92 (d) and (f)
TAC Title 40, Part 20, § 809.93 Texas Workforce Commission WD Letter 40-10c1, Establishing
Local Child Care Reimbursement Rates-Update
Texas Workforce Commission WD Letter 05-11, Authorizing the Child Care Inclusion Assistance
Rate for Children with Disabilities
Texas Workforce Commission WD Letter 02-13, Implementation of Amended Chapter 809, Child
Care Services Rules, Regarding Requirements to Provide Child Care
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Policies & Procedures
10.005.07.03 Reimbursement for Suspended Children
If a provider initiates the suspension of a child, the provider is not reimbursed for the days the
child is suspended.
10.005.07.04 Reimbursement and Parent Share of Cost
The parent share of cost is deducted from the provider reimbursement regardless of whether or
not it is collected by the provider from the parent.
References:
TAC Title 40, Part 20, § 809.20
TAC Title 40, Part 20, § 809.91 (a)
TAC Title 40, Part 20, § 809.92 (d)
TAC Title 40, Part 20, § 809.93 (e)
Texas Workforce Commission WD Letter 40-10c1, Establishing Local Child Care
Reimbursement Rates-Update
Texas Workforce Commission WD Letter 05-11, Authorizing the Child Care Inclusion Assistance
Rate for Children with Disabilities
10.005.08
Collection of Parent Share of Cost
Providers are responsible for collecting the parent share of cost. When providers are unable to
collect from parents within the first three business days of the month, the provider must notify the
CCS Contractor by noon on the fourth day.
References:
TAC Title 40, Part 20, § 809.92 (b)
10.005.09
Provider Sanctions
The CCS Contractor, in response to a MOU violation or a violation of a provision of TAC Title
40, Part 20, Chapter 809, Subchapter E, may:
1.
2.
3.
4.
5.
6.
Close intake;
Move children to another provider selected by the parent;
Withhold provider payments or reimbursement of costs incurred;
Recoup funds;
Implement a Service Improvement Agreement (SIA); and/or
Terminate the Provider MOU
The CCS Contractor is not limited to the sanctions listed above and may administer other
sanctions as appropriate and approved by the Board. Violations of CCAA requirements, as
outlined in section 10.005.05, result in a SIA being implemented for 30 calendar days and
technical assistance being provided to the provider by the CCS contractor for the first violation.
A second violation of CCAA requirements results in termination of the provider MOU.
References:
TAC Title 40, Part 20, § 809.115
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Policies & Procedures
Texas Workforce Commission WD Letter 43-08c1, Documenting Child Support Income and
Parent Cooperation with the Office of the Attorney General – Update
Texas Workforce Commission WD Letter 25-11, Collecting Monetary Sanctions Imposed on
Parents
10.005.10
Reapplication for Provider Status after Termination of the CCS
Provider MOU
If a CCS Provider MOU is terminated for cause or at the initiation of the provider, the provider
shall wait for a period of up to one year after the termination of the MOU before reapplying. If a
CCS Provider has its MOU terminated because CCS children have not been enrolled, a new MOU
will not be initiated until a parent specifically requests that provider.
References:
None.
There is a delayed implementation date of October 1, 2012 for 10.005.10. Until that date,
reapplication for provider status after termination of the CCS Provider MOU requirements
defined in Chapter 10 Child Care Policy and Procedures revised October 2011 remains in effect.
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