Current through Reg. 49, No. 38; September 20, 2024
(a) In this subchapter, the following terms
have the following meanings:
(1) "Day care"
means the assessment, care, training, education, custody, treatment, or
supervision of a foster child by a person other than the child's foster parent
for less than 24 hours a day, but at least two hours a day, three or more days
a week.
(2) "Emergency placement
that is in the child's best interest" means that despite the exercise of
reasonable diligence, compliance with the Department's verification process
regarding the availability of community day care resources would interfere with
a placement that is in the child's best interest.
(3) "School-aged child" means a child who has
reached the age of 6 by September 1 of the current year or who enrolls in
school and reaches the age of 6 during the school year.
(b) To the extent funds are available and in
accordance with any priority system established under subsection (e) of this
section, DFPS may provide day care for authorized purposes to a foster parent
if:
(1) the child is 13 years or younger and
either:
(A) placed in a foster family home or
foster group home where each foster parent in the home works outside the home
40 hours per week or more; or
(B)
the child of a parent who is a minor in foster care if the child:
(i) is not in the conservatorship of
DFPS;
(ii) resides with the child's
minor parent in a foster home where all caregivers are employed
full-time;
(iii) receives primary
care from the minor parent outside of school hours;
(iv) needs day care to allow the minor parent
to remain in school and complete the minor parent's educational goals;
and
(v) has a minor parent who is
unable to access child care through a Texas Workforce Commission work or
training program or through a school-based operation.
(2) the foster parent is a
resident of Texas;
(3) the child's
service level is basic;
(4) the
child is in DFPS' managing conservatorship and not in an adoptive placement;
and
(5) there is no other available
type of day care provided by the community, and the foster parent verifies in
writing that the foster parent has attempted to find appropriate day care
services for the child through community services, including:
(A) Head Start programs;
(B) Prekindergarten classes;
(C) Early education programs offered in
public schools; and
(D) Any other
available and appropriate resources in the foster parent's community.
(c) Day care for foster
parents is authorized for the purpose of providing daily supervision:
(1) during the foster parents' work hours;
or
(2) while the foster parents are
attending judicial reviews, case conferences, or foster parent
training.
(d) Day care
for foster parents is not authorized for the following:
(1) full-time day care during school
holidays;
(2) teacher in-service
days;
(3) inclement-weather
days;
(4) short breaks between
semesters in a year-round school program;
(5) part-time care; or
(6) after-school care for school-aged
children.
(e) To monitor
the spending of funds, a priority system among foster parents will also be
established in policy. The priority system will be based upon need, but at a
minimum will require:
(1) a determination by
DFPS that the provision of day care is critical to maintaining the placement of
the child with the foster parent; and
(2) at least one child placed by DFPS:
(A) is under six years of age; or
(B) has a developmental delay (including
physical, emotional, and cognitive or language) or physical
disability.
(f)
Notwithstanding any other provision of this section, if DFPS determines that
requiring the written verification of a foster parent's attempts to find
appropriate community day care services would prevent an emergency placement in
the child's best interest, DFPS may waive the submission of the written
verification of the foster parent's attempts. DFPS is authorized to require the
submission of the written verification at any point following the initial
authorization of day care services.
(g) The Associate Commissioner for Child
Protective Services, the Associate Commissioner for Child Protective
Investigations, or the Associate Commissioners' designees, may grant a good
cause waiver of any of the requirements in subsection (b) or (d) of this
section, if that person determines that:
(1)
the placement cannot be sustained or is unlikely to be sustained if the foster
parent cannot receive day care;
(2)
there is no reasonable alternative to the provision of day care, such as a
change in working hours; and
(3)
day care services are only authorized in increments that are commensurate with
the hours and days the foster parent and caregivers must be outside the home
for employment.
(h) For a
child who becomes ineligible during the term of a prior authorization, DFPS may
in its discretion permit day care to continue through the end of the previously
authorized period.
(i) DFPS pays
for day care only in licensed child care centers and registered child care
homes that are contracted through the local child care management service
agency, unless care is self-arranged and DFPS gives prior approval to pay day
care in the arrangement.
