reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.384 - Request for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The party
				  seeking review of a determination under this subchapter relating to career
				  schools hearings shall request a hearing in writing within 15 days after
				  receipt of the notice of determination.
(b) The request shall be addressed as
				  provided in the determination and state the nature of the determination, the
				  name and identifying information of the requesting party, and a request that
				  the determination be reviewed.
(c)
				  The request may include an explanation of why the determination should be
				  changed; however, this is not a jurisdictional requirement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.385 - Setting of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				  request for a hearing, the Agency will promptly mail a notice of hearing that
				  sets the hearing for a reasonable time and place within 30 days from receipt of
				  the request for a hearing.
(b) The
				  notice of hearing shall be in writing and include a:
(1) statement of the date, time, place, and
				  nature of the hearing;
(2)
				  statement of the legal authority under which the hearing is to be held;
				  and
(3) short and plain statement
				  of the issues to be considered during the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.386 - Hearing Officer Independence and Impartiality

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing officer
				  presiding over a hearing shall have all powers necessary and appropriate to
				  conduct a full, fair, and impartial hearing. Hearing officers shall remain
				  independent and impartial in all matters regarding the handling of any issues
				  during the pendency of a case and in issuing their written decisions.
(b) A hearing officer shall be disqualified
				  if the hearing officer has a personal interest in the outcome of the appeal or
				  if the hearing officer directly or indirectly participated in the determination
				  on appeal. Any party may present facts to the Agency in support of a request to
				  disqualify a hearing officer.
(c)
				  The hearing officer may withdraw from a hearing to avoid the appearance of
				  impropriety or partiality.
(d)
				  Following any disqualification or withdrawal of a hearing officer, the Agency
				  will assign an alternate hearing officer to the case. The alternate hearing
				  officer shall not be bound by any findings or conclusions made by the
				  disqualified or withdrawn hearing officer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.387 - Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing shall
				  be conducted telephonically, unless an in-person hearing is requested and the
				  hearing officer deems an in-person hearing appropriate or the hearing officer
				  determines that another method of conducting the hearing is
				  appropriate.
(b) The hearing shall
				  be conducted informally and in such a manner as to ascertain the substantive
				  rights of the parties. All issues relevant to the appeal shall be considered
				  and addressed, and may include:
(1)
				  Presentation of Evidence. The parties to an appeal may present evidence that is
				  material and relevant, as determined by the hearing officer. In conducting a
				  hearing, the hearing officer shall actively develop the record on the relevant
				  circumstances and facts to resolve all issues. To be considered as evidence in
				  a decision, any document or physical evidence must be entered as an exhibit at
				  the hearing. A party has the right to object to evidence offered at the hearing
				  by the hearing officer or other parties.
(2) Examination of Parties and Witnesses.
				  After placing the witnesses under oath, the hearing officer shall examine
				  parties and any witnesses and shall allow cross-examination to the extent the
				  hearing officer deems necessary to afford the parties due process.
(3) Additional Evidence. The hearing officer,
				  with or without notice to any of the parties, may take additional evidence as
				  deemed necessary, provided that a party shall be given an opportunity to rebut
				  the evidence if it is to be used against the party's interest.
(4) Appropriate Hearing Behavior. All parties
				  shall conduct themselves in an appropriate manner. The hearing officer may
				  expel any individual or party who fails to correct behavior the hearing officer
				  identifies as disruptive. After expulsion, the hearing officer may proceed with
				  the hearing and render a decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.388 - Postponements, Continuances, and Withdrawals

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing officer may grant a
				  postponement of a hearing for good cause at a party's request.
(b) A continuance of a hearing may be ordered
				  at the discretion of the hearing officer in order to consider additional,
				  necessary evidence or for any other reason the hearing officer deems
				  appropriate.
(c) A party may
				  withdraw an appeal at any time prior to the issuance of the final
				  decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.389 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Evidence Generally. Evidence, including
				  hearsay evidence, shall be admitted if it is relevant and if in the judgment of
				  the hearing officer it is the kind of evidence on which reasonably prudent
				  persons are accustomed to rely in the conduct of their affairs. However, the
				  hearing officer may exclude evidence if its probative value is outweighed by
				  the danger of unfair prejudice, by confusion of the issues, or by reasonable
				  concern for undue delay, waste of time, or needless presentation of cumulative
				  evidence.
(b) Exchange of Exhibits.
				  Any documentary evidence to be presented during a telephonic hearing shall be
				  exchanged with all parties and a copy shall be provided to the hearing officer
				  in advance of the hearing. Any documentary evidence to be presented at an
				  in-person hearing shall be exchanged at the hearing.
(c) Stipulations. The parties, with the
				  consent of the hearing officer, may agree in writing to relevant facts. The
				  hearing officer may decide the appeal based on such stipulations or, at the
				  hearing officer's discretion, may set the appeal for hearing and take such
				  further evidence as the hearing officer deems necessary.
(d) Experts and Evaluations. If relevant and
				  useful, testimony from an independent expert or a professional evaluation from
				  a source satisfactory to the parties and the Agency may be ordered by hearing
				  officers, on their own motion or at a party's request. The cost of any such
				  expert or evaluation ordered by the hearing officer shall be borne equally by
				  the parties.
(e) Subpoenas.
(1) The hearing officer may issue subpoenas
				  to compel the attendance of witnesses and the production of records. A subpoena
				  may be issued either at the request of a party or on the hearing officer's own
				  motion.
(2) A party requesting a
				  subpoena shall state the nature of the information desired, including names of
				  any witnesses and the records that the requestor feels are necessary for the
				  proper presentation of the case.
(3) The request shall be granted only to the
				  extent the records or the testimony of the requested witnesses appears to be
				  relevant to the issues on appeal.
(4) A denial of a subpoena request shall be
				  made in writing or on the record, stating the reasons for such
				  denial.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.390 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  hearing officer shall not participate in ex parte communications, directly or
				  indirectly, in any matter in connection with any substantive issue, with any
				  interested person or party. Likewise, no person shall attempt to engage in ex
				  parte communications with the hearing officer on behalf of any interested
				  person or party.
(b) If the hearing
				  officer receives any such ex parte communication, the other parties shall be
				  given an opportunity to review any such ex parte communication.
(c) Nothing shall prevent the hearing officer
				  from communicating with parties or their representatives about routine matters
				  such as requests for continuances or opportunities to inspect the
				  file.
(d) The hearing officer may
				  initiate communications with an impartial Agency employee who has not
				  participated in a hearing or any determination in the case for the limited
				  purpose of using the special skills or knowledge of the Agency and its staff in
				  evaluating the evidence.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.391 - Change in Determination

Current through Reg. 49, No. 28; July 12, 2024
The issuer of the determination may change the
					 determination any time before the hearing officer issues the decision. Despite
					 the issuer changing the determination, the parties may proceed with the
					 hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.392 - Hearing Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Following the
				  conclusion of the hearing, the hearing officer shall promptly prepare a written
				  decision on behalf of the Agency.
(b) The decision shall be based exclusively
				  on the evidence of record in the hearing and on matters officially noticed in
				  the hearing. The decision shall include:
(1)
				  a list of the individuals who appeared at the hearing;
(2) the findings of fact and conclusions of
				  law reached on the issues; and
(3)
				  the affirmation, reversal, or modification of the determination.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.393 - Motion for Reopening

Current through Reg. 49, No. 28; July 12, 2024
(a) If a party
				  does not appear for a hearing, the party may request the reopening of the
				  hearing within 30 calendar days from the date the decision is mailed.
(b) The motion for reopening shall be in
				  writing and detail the reason for failing to appear at the hearing.
(c) The Agency may schedule a hearing on
				  whether to grant the reopening.
(d)
				  The motion may be granted if the hearing officer determines that the party has
				  shown good cause for failing to appear at the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.394 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A party has 30
				  calendar days from the date the decision is mailed to file a motion for
				  rehearing. A rehearing shall be granted only for the presentation of new
				  evidence.
(b) A motion for
				  rehearing shall be in writing and allege the new evidence to be considered. The
				  party shall show a compelling reason why this evidence was not presented at the
				  hearing.
(c) If the hearing officer
				  determines that the alleged, new evidence warrants a rehearing, a hearing shall
				  be scheduled at a reasonable time and place.
(d) The hearing officer shall issue a written
				  decision in response to a timely filed motion for rehearing.
(e) The Agency may assume continuing
				  jurisdiction to modify, correct, or reform a decision until the expiration of
				  30 calendar days from the date of mailing of the hearing decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.395 - Finality of Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The decision of the
				  hearing officer is the final decision of the Agency after the expiration of 30
				  calendar days from the mailing date of the decision unless within that time:
(1) a request for reopening is filed with the
				  Agency;
(2) a request for rehearing
				  is filed with the Agency; or
(3)
				  the Agency assumes continuing jurisdiction to modify or correct the
				  decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 808 - YOUTH DRIVER EDUCATION FUNDING PROGRAM › Subchapter A - YOUTH DRIVER EDUCATION FUNDING PROGRAM ELIGIBILITY › Section 808.1 - Eligible Population

Current through Reg. 49, No. 28; July 12, 2024
Unless prohibited under Texas Transportation Code, §
										521.4265(c),
					 the Agency shall, upon request from an individual who meets the eligibility
					 criteria in this section, pay the fees associated with obtaining a driver's
					 license imposed under Texas Transportation Code, Chapter 521, Subchapter H, or
					 Texas Education Code, Chapter 1001. Eligible individuals for the Youth Driver
					 Education Funding Program include individuals:
(1) eligible for a driver's license fee
				  exemption under Texas Transportation Code, §
										521.1811;
				  or
(2) younger than 26 years of age
				  who were or are:
(A) in the managing
				  conservatorship of the Texas Department of Family and Protective Services on
				  the day before the individual's 18th birthday; or
(B) a homeless child or youth as defined by
				  42
				  United States Code §
												11434a.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 808 - YOUTH DRIVER EDUCATION FUNDING PROGRAM › Subchapter B - USE OF YOUTH DRIVER EDUCATION FUNDS › Section 808.21 - Verification Process

Current through Reg. 49, No. 28; July 12, 2024
(a) To receive a driver
				  education fee waiver, an eligible individual must identify a driver education
				  provider with whom he or she intends to enroll that:
(1) is registered with the Texas Department
				  of Licensing and Registration as a certified Texas driver education
				  provider;
(2) is a registered
				  vendor in accordance with rules established by the Agency and the Texas
				  Comptroller of Public Accounts; and
(3) charges a rate that does not exceed twice
				  the average rate of all other certified Texas driver education providers within
				  a 30-mile radius of the selected certified Texas driver education provider's
				  physical location. For driver education providers providing online instruction,
				  their rate will be compared to the average rate for online driver education
				  instruction available in Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter A - GENERAL PROVISIONS › Section 809.1 - Short Title and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules contained
				  in this chapter may be cited as the Child Care Services rules.
(b) The purpose of the rules contained in
				  this chapter is to interpret and implement the requirements of state and
				  federal statutes and regulations governing child care and quality improvement
				  activities funded through the Texas Workforce Commission (Commission), to
				  include the Child Care and Development Fund (CCDF), which includes:
(1) funds allocated to local workforce
				  development areas (workforce areas) as provided in §
											800.58 of
				  this title;
(2) private donated
				  funds described in §
											809.17
				  of this chapter;
(3) public
				  transferred funds described in §
											809.17
				  of this chapter;
(4) public
				  certified expenditures described in §
											809.17
				  of this chapter; and
(5) funds used
				  for children receiving protective services described in §
											809.49
				  of this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter A - GENERAL PROVISIONS › Section 809.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter A - GENERAL PROVISIONS › Section 809.3 - Waiver Request

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  may waive child care rules upon request from a person directly affected by the
				  rules, if it determines that the waiver benefits a parent, child care
				  contractor, or provider, and the Commission determines that the waiver does not
				  harm child care or violate state or federal statutes or regulations.
(b) Prior to submitting a waiver request to
				  the Commission, the child must have been determined by the Board's child care
				  contractor to meet the minimum qualifications set forth in
				  §809.41(a).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.11 - Board Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Board shall be responsible for the administration of child care in a manner
				  consistent with Texas Government Code, Chapter 2308, as amended, and related
				  provisions under Chapter 801 of this title (relating to Local Workforce
				  Development Boards).
(b) A Board
				  shall ensure that access to child care services shall be available through all
				  Texas Workforce Centers within a workforce area.
(c) Child care services are support services
				  for workforce employment, job training, and services under Texas Government
				  Code, Chapter 2308 and Chapter 801 of this title.
(d) Upon request, a Board shall provide the
				  Commission with access to child care administration records and submit related
				  information for review and monitoring, pursuant to Commission rules and
				  policies.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.12 - Board Plan for Child Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board shall, as part of its Texas
				  Workforce Development Board Plan (Board plan), develop, amend, and modify the
				  Board plan to incorporate and coordinate the design and management of the
				  delivery of child care services with the delivery of other workforce
				  employment, job training, and educational services identified in Texas
				  Government Code, §
										2308.304, et seq., as
				  well as other workforce training and services included in the One-Stop Service
				  Delivery Network.
(b) The goal of
				  the Board plan is to coordinate workforce training and services, to leverage
				  private and public funds at the local level, and to fully integrate child care
				  services for low-income families with the network of workforce training and
				  services under the administration of the Boards.
(c) Boards shall design and manage the Board
				  plan to maximize the delivery and availability of safe and stable child care
				  services that assist families seeking to become independent from, or who are at
				  risk of becoming dependent on, public assistance while parents are either
				  working or attending a job training or an educational program.
(d) A Board shall include in the Board plan
				  any strategies to use contracted slots agreements, as described in §
				  809.96 of this chapter, including any local priorities and how contracted slots
				  agreements will help increase access to high-quality care for targeted
				  communities and population.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.13 - Board Policies for Child Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Board shall develop, adopt, and modify its policies for the design and
				  management of the delivery of child care services in a public process in
				  accordance with Chapter 802 of this title.
(b) A Board shall maintain written copies of
				  the policies that are required by federal and state law, or as required under
				  this chapter, and make such policies available to the Commission and the public
				  upon request.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.14 - Coordination of Child Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Board shall coordinate with federal, state, and local child care and early
				  development programs and representatives of local governments in developing its
				  Board plan and policies for the design and management of the delivery of child
				  care services, and shall maintain written documentation of its coordination
				  efforts.
(b) Pursuant to Texas
				  Education Code, §
										29.158,
				  and in a manner consistent with federal law and regulations, a Board shall
				  coordinate with school districts, Head Start, and Early Head Start program
				  providers to ensure, to the greatest extent practicable, that full-day,
				  full-year child care is available to meet the needs of low-income parents who
				  are working or attending a job training or educational program.
(c) Pursuant to Texas Labor Code, §
				  302.00436, a Board shall inform the local school districts and open-enrollment
				  charter schools in the Board's workforce area regarding opportunities to
				  partner with child care providers in the Board's area to expand access to and
				  provide facilities for prekindergarten (pre-K) programs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.15 - Promoting Consumer Education

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Board shall promote informed child care choices by providing consumer education
				  information to:
(1) parents who are eligible
				  for child care services;
(2)
				  parents who are placed on a Board's waiting list;
(3) parents who are no longer eligible for
				  child care services; and
(4)
				  applicants who are not eligible for child care services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.16 - Quality Improvement Activities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Child care funds allocated by the Commission pursuant to its allocation rules
				  (generally, Chapter 800, Subchapter B of this title (relating to Allocations),
				  and specifically §
										800.58 of
				  this title (relating to Child Care)), including local public transferred funds
				  and local private donated funds, as provided in §
										809.17
				  of this subchapter, to the extent they are used for nondirect care quality
				  improvement activities, shall be expended in accordance with the CCDF State
				  Plan.
(b) Boards must ensure
				  compliance with 45 CFR Part 98 regarding construction expenditures, as follows:
(1) State and local agencies and nonsectarian
				  agencies or organizations.
(A) Funds shall not
				  be expended for the purchase or improvement of land, or for the purchase,
				  construction, or permanent improvement of any building or facility.
(B) Funds may be expended for minor
				  remodeling, and for upgrading child care facilities to ensure that providers
				  meet state and local child care standards, including applicable health and
				  safety requirements.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.17 - Leveraging Local Resources

Current through Reg. 49, No. 28; July 12, 2024
(a) Leveraging
				  Local Funds.
(1) The Commission encourages
				  Boards to secure local public and private funds for the purpose of matching
				  federal funds in order to maximize resources for child care needs in the
				  community.
(2) A Board is
				  encouraged to secure additional local funds in excess of the amount required to
				  match federal funds allocated to the Board in order to maximize its potential
				  to receive additional federal funds should they become available.
(3) A Board's performance in securing and
				  leveraging local funds for match may make the Board eligible for incentive
				  awards.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.18 - Maintenance of a Waiting List

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  provisions are effective prior to December 1, 2023:
(1) A Board shall ensure that a list of
				  parents and children waiting for child care services, because of the lack of
				  funding or lack of providers, is maintained and available to the Commission
				  upon request.
(2) A Board shall
				  establish a policy for the maintenance of a waiting list that includes, at a
				  minimum:
(A) the process for determining that
				  the parent is potentially eligible for child care services before placing the
				  parent on the waiting list; and
(B)
				  the frequency in which the parent information is updated and maintained on the
				  waiting list.
(3) A Board
				  shall exempt children from the waiting list who are directly referred from a
				  recognized pre-K or Head Start/Early Head Start (HS/EHS) partnership as
				  described in § 809.22 of this chapter to a child care provider to receive
				  services in the contracted partnership program subject to the availability of
				  funding and the availability of subsidized slots at the partnership
				  site.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.19 - Assessing the Parent Share of Cost

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following provisions are effective prior to December 1, 2023:
(1) For child care funds allocated by the
				  Commission pursuant to its allocation rules (generally, Chapter 800, Subchapter
				  B of this title (relating to Allocations), and specifically, §
											800.58 of
				  this title (relating to Child Care)), including local public transferred funds
				  and local private donated funds, as provided in §
											809.17
				  of this subchapter, the following shall apply:
(A) A Board shall set a parent share of cost
				  policy that assesses the parent share of cost in a manner that results in the
				  parent share of cost:
(i) being assessed to
				  all parents, except in instances when an exemption under subparagraph (B) of
				  this paragraph applies;
(ii) being
				  an amount determined by a sliding fee scale based on the family's size and
				  gross monthly income, including a possible reexamination of the sliding fee
				  scale if there are frequent terminations for lack of payment pursuant to
				  paragraph (4) of this subsection, which also may consider the number of
				  children in care;
(iii) being an
				  amount that is affordable and does not result in a barrier to families
				  receiving assistance;
(iv) being
				  assessed only at the following times:
(I)
				  initial eligibility determination;
(II) 12-month eligibility
				  redetermination;
(III) upon the
				  addition of a child in care;
(IV)
				  upon a parent's report of a change in income, family size, or number of
				  children in care that would result in a reduced parent share of cost
				  assessment; and
(V) upon resumption
				  of work, job training, or education activities following temporary changes
				  described in §
														809.51(a)(2)
				  of this chapter, and upon resumption of work, job training, or education
				  activities during the three-month continuation of care period described in
				  §
														809.51(c)
				  of this chapter; and
(v)
				  not increasing above the amount assessed at initial eligibility determination
				  or at the 12-month eligibility redetermination based on the factor in clause
				  (ii) of this subparagraph, except upon the addition of a child in care as
				  described in clause (iv)(III) of this subparagraph.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.20 - Maximum Provider Reimbursement Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Based
				  on local factors, including a market rate survey provided by the Commission, a
				  Board shall establish maximum reimbursement rates for child care subsidies at
				  or above a level established by the Commission to ensure that the rates provide
				  equal access to child care in the local market and in a manner consistent with
				  state and federal statutes and regulations governing child care. At a minimum,
				  Boards shall establish reimbursement rates for full-day and part-day units of
				  service, as described in §
										809.93(f)
				  of this chapter, for the following:
(1)
				  Provider types:
(A) Licensed child care
				  centers, including before- or after-school programs and school-age programs, as
				  defined by CCR;
(B) Licensed child
				  care homes as defined by CCR;
(C)
				  Registered child care homes as defined by CCR; and
(D) Relative child care providers as defined
				  in §
												809.2 of
				  this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.21 - Determining the Amount of the Provider Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) The actual reimbursement that the Board
				  or the Board's child care contractor pays to the provider shall be the Board's
				  maximum daily rate or the provider's published daily rate, whichever is lower,
				  less the following amounts:
(1) The parent
				  share of cost assessed and adjusted when the parent share of cost is reduced;
				  and
(2) Any child care funds
				  received by the parent from other public or private entities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter B - GENERAL MANAGEMENT › Section 809.22 - Direct Referrals to Recognized Partnerships

Current through Reg. 49, No. 28; July 12, 2024
(a) A recognized partnership is a partnership
				  that:
(1) exists between a child care
				  provider and one of the following:
(A) a
				  public school prekindergarten provider;
(B) a local education agency; or
(C) a Head Start/Early Head Start program;
				  and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.41 - A Child's General Eligibility for Child Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for a child receiving or needing
				  protective services as described in §
										809.49
				  of this chapter, for a child to be eligible to receive child care services, at
				  the time of eligibility determination or redetermination, a Board shall ensure
				  that the child:
(1) meets one of the following
				  age requirements:
(A) be under 13 years of
				  age; or
(B) be a child with
				  disabilities under 19 years of age;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.42 - Eligibility Verification, Determination, and Redetermination

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board shall ensure that its child care
				  contractor verifies all eligibility requirements for child care services prior
				  to authorizing child care.
(b) A
				  Board shall ensure that eligibility for child care services shall be
				  redetermined no sooner than 12 months following the initial determination or
				  most recent redetermination, except for Child Care during Job Search as
				  described in § 809.56 of this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.43 - Priority for Child Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Board shall ensure that child care services are prioritized among the following
				  three priority groups:
(1) The first priority
				  group is assured child care services and includes children of parents eligible
				  for the following:
(A) Choices child care as
				  referenced in §
												809.45;
(B) Temporary Assistance for Needy Families
				  (TANF) Applicant child care as referenced in §
												809.46;
(C) SNAP E&T child care as referenced in
				  §
												809.47;
				  and
(D) Transitional child care as
				  referenced in §
												809.48.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.44 - Calculating Family Income

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of determining family income and assessing the parent share of cost,
				  Boards shall ensure that family income is calculated in accordance with
				  Commission guidelines that:
(1) take into
				  account irregular fluctuations in earnings; and
(2) ensure that temporary increases in
				  income, including temporary increases that result in monthly income exceeding
				  85 percent of SMI do not affect eligibility or parent share of
				  cost.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.45 - Choices Child Care

Current through Reg. 49, No. 28; July 12, 2024
(a) A parent is
				  eligible for Choices child care if the parent is participating in the Choices
				  program as stipulated in Chapter 811 of this title.
(b) For a parent receiving Choices child care
				  who ceases participation in the Choices program during the 12-month eligibility
				  period, Boards must ensure that Choices child care continues:
(1) for the three-month period pursuant to
				  §
											809.51(b);
				  and
(2) for the remainder of the
				  eligibility period, if the parent resumes participation in Choices or begins
				  participation in work or attendance in a job training or education program
				  during the three-month period described in §
											809.51(c).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.46 - Temporary Assistance for Needy Families Applicant Child Care

Current through Reg. 49, No. 28; July 12, 2024
(a) A parent is eligible for TANF Applicant
				  child care if the parent:
(1) receives a
				  referral from the Health and Human Services Commission (HHSC) to attend a
				  Workforce Orientation for Applicants (WOA);
(2) locates employment or has increased
				  earnings prior to TANF certification; and
(3) needs child care to accept or retain
				  employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.47 - Supplemental Nutrition Assistance Program Employment and Training Child Care

Current through Reg. 49, No. 28; July 12, 2024
(a) A parent is eligible to receive SNAP
				  E&T child care services if the parent is participating in SNAP E&T
				  services, in accordance with the provisions of 7 CFR Part 273.
(b) For a parent receiving SNAP E&T child
				  care services who ceases participation in the E&T program during the
				  12-month eligibility period, Boards must ensure that SNAP E&T child care
				  continues:
(1) for the three-month period
				  pursuant to §
											809.51(b);
				  and
(2) for the remainder of the
				  eligibility period, if the parent resumes participation in the SNAP E&T
				  program or begins participation in work or attendance in a job training or
				  education program during the three-month period described in §
											809.51(c).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.48 - Transitional Child Care

Current through Reg. 49, No. 28; July 12, 2024
(a) A parent is
				  eligible for Transitional child care services if the parent:
(1) has been denied TANF and was employed at
				  the time of TANF denial; or
(2) has
				  been denied TANF within 30 days because of expiration of TANF time limits;
				  and
(3) requires child care to work
				  or attend a job training or educational program for a combination of at least
				  an average of 25 hours per week for a single-parent family or a total combined
				  50 hours per week for a dual parent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.49 - Child Care for Children Receiving or Needing Protective Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board shall ensure that determinations
				  of eligibility for children needing protective services are performed by DFPS.
(1) Child care will continue as long as
				  authorized and funded by DFPS.
(2)
				  DFPS may authorize child care for a child under court supervision under the age
				  of 19.
(3) Child care discontinued
				  by DFPS prior to the end of the 12-month eligibility period shall be subject to
				  the Continuity of Care provisions in §
											809.54.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.50 - At-Risk Child Care

Current through Reg. 49, No. 28; July 12, 2024
(a) A parent is eligible
				  for child care services under this section if at initial eligibility
				  determination and at eligibility redetermination as described in §
										809.42
				  of this chapter:
(1) the family income does
				  not exceed the income limit pursuant to §
											809.41
				  of this chapter; and
(2) child care
				  is required for the parent to work or attend a job training or educational
				  program for a combination of at least an average of 25 hours per week for a
				  single-parent family or a total combined 50 hours per week for a dual parent
				  family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.51 - Child Care during Interruptions in Work, Education, or Job Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for a child experiencing
				  homelessness, as described in §
										809.52
				  of this chapter, and for child care during job search, as described in §
				  809.56 of this chapter, if the child met all of the applicable eligibility
				  requirements for child care services in this subchapter on the date of the most
				  recent eligibility determination or redetermination, the child shall be
				  considered to be eligible and will receive services during the 12-month
				  eligibility period described in §
										809.42
				  of this chapter, regardless of any:
(1) change
				  in family income, if that family income does not exceed 85 percent of SMI for a
				  family of the same size; or
(2)
				  temporary change in the ongoing status of the child's parent as working or
				  attending a job training or education program. A temporary change shall
				  include, at a minimum, any:
(A) time-limited
				  absence from work for an employed parent for periods of family leave (including
				  parental leave) or sick leave;
(B)
				  interruption in work for a seasonal worker who is not working between regular
				  industry work seasons;
(C) student
				  holiday or breaks within a semester, between the fall and spring semesters, or
				  between the spring and fall semesters, for a parent participating in training
				  or education;
(D) reduction in
				  work, training, or education hours, as long as the parent is still working or
				  attending a training or education program;
(E) other cessation of work or attendance in
				  a training or education program that does not exceed three months;
(F) change in age, including turning 13 years
				  old or a child with disabilities turning 19 years old during the eligibility
				  period; and
(G) change in residency
				  within the state.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.52 - Child Care for Children Experiencing Homelessness

Current through Reg. 49, No. 28; July 12, 2024
(a) For a child experiencing homelessness, as
				  defined in §809.2, a Board shall ensure that the child is initially
				  enrolled for a period of three months.
(b) If, during the three-month initial
				  enrollment period, the parent of a child experiencing homelessness:
(1) is unable to provide documentation
				  verifying that the child is eligible under §809.41(a)(1) - (2) (regarding
				  age and citizenship status), then care shall be discontinued following the
				  three-month enrollment period; or
(2) provides documentation verifying
				  eligibility under §809.41(a), then care shall continue through the end of
				  the 12-month initial eligibility period (inclusive of the three-month initial
				  enrollment period).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.53 - Child Care for Children Served by Special Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Special projects developed in federal and
				  state statutes or regulations and funded using non-CCDF sources may add groups
				  of children eligible to receive child care.
(b) The eligibility criteria as stated in the
				  statutes, regulations, or funding sources shall control for the special
				  project, unless otherwise indicated by the Commission.
(c) The time limit for receiving child care
				  for children served by special projects may be:
(1) specifically prescribed by federal or
				  state statutes or regulations according to the particular project;
(2) otherwise set by the Commission depending
				  on the purpose and goals of the special project; and
(3) limited to the availability of
				  funds.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 809 - CHILD CARE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD CARE SERVICES › Section 809.54 - Continuity of Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Enrolled children,
				  including children whose eligibility for Transitional child care has expired,
				  shall receive child care through the end of the applicable eligibility periods
				  described in §
										809.42.
(b) Except as provided by §
										809.75
				  relating to child care during appeal, nothing in this chapter shall be
				  interpreted in a manner as to result in a child being removed from
				  care.
(c) In closed DFPS CPS cases
				  (DFPS cases) where child care is no longer funded by DFPS, child care shall
				  continue through the end of the applicable eligibility periods described in
				  §809.42 using funds allocated to the Board by the Commission.
(d) A Board shall ensure that no enrolled
				  children of military parents in military deployment have a disruption of child
				  care services or eligibility during military deployment, including parents in
				  military deployment at the end of the 12-month eligibility redetermination
				  period.
(e) A Board shall ensure
				  that a child who is required by a court-ordered custody or visitation
				  arrangement to leave a provider's care is 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.