D-901: General Information

Workforce Development Boards (Boards) must be aware of the following continuity of care provisions from the Texas Workforce Commission (TWC) Child Care Services rules:

  • Enrolled children must receive child care through the end of the applicable 12-month eligibility period.
  • Except as provided by D-901 and §809.75(b) and detailed as in E-500: Child Care During Appeal, relating to child care during appeal, nothing in this section can be interpreted in a manner that results in a child being removed from care.

- Rule Reference: §809.54(a)-(b)

D-901.a: Reasons for Terminating Care within a 12-Month Eligibility Period

Boards must be aware that child care may be terminated during the 12-month eligibility period only for one of the following reasons:

  • Family income exceeds 85 percent of state median income (SMI), taking into consideration irregular fluctuations in income as described in D-107
  • Three months of continuing care has been provided to a family in which the parents have experienced a non-temporary cessation in work, education, or training and have not resumed work, education, or training within the three months
  • Three months of initial care was provided to a family experiencing homelessness, but eligibility could not be verified by the end of the three months
  • Eligibility was determined based on fraud
  • At the parent’s request (voluntary withdrawal)
  • An out-of-state move
  • Failure to pay the parent share of cost (intentional program violation)
  • Accruing excessive unexplained absences (more than 40)

Boards must ensure that a child’s care is not terminated during the 12-month eligibility period due to lack of funds.

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D-902: Continuity of Care for Children in Protective Services

Workforce Development Boards (Boards) must be aware that for closed Texas Department of Family and Protective Services (DFPS) General Protective Services cases in which child care is no longer funded by DFPS, child care is required to continue as Former DFPS child care through the end of the 12-month eligibility period using TWC-allocated funds. 

- Rule Reference: §809.54(c)

Boards must be aware that for DFPS foster and relative care, TWC is not required to fund child care for a 12-month period. However, for DFPS foster and relative care that is terminated by DFPS, if the caregiver needs child care to continue and he or she meets At-Risk eligibility requirements, care must continue under At-Risk. If DFPS does not provide notice of termination early enough to determine eligibility for At-Risk child care, there may be a gap in care between DFPS-funded care ending and At-Risk care beginning, but the child must not be placed on the Board’s waiting list.

D-902.a: Eligibility Redetermination for Children in Former Protective Services

Boards must ensure that at the end of the eligibility period for Former DFPS child care, eligibility redetermination is conducted for continued care if the family in which the child resides meets eligibility for At-Risk child care.

Boards must send a redetermination packet for At-Risk child care within 45 days (or within a locally developed time frame) of the end date of the current Former DFPS eligibility period to avoid a gap in care. Boards must be aware that because each child served by DFPS is regarded as a “family of one” for tracking and federal reporting purposes, a minimum of 12 months of care must be provided for each child. Therefore, if a caregiver has more than one child receiving Former DFPS care with different eligibility dates, a family-based eligibility determination under At-Risk should not occur before all Former DFPS children in care have received a full 12 months of services.

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D-903: Continuity of Care for Children of Parents in Military Deployment

  • Workforce Development Boards (Boards) must ensure that pursuant to Texas Workforce Commission (TWC) rule §809.54(d) no children of military parents in military deployment have a disruption of child care services or eligibility because of the military deployment.  Boards must be aware that the requirements of TWC rule §809.54(d) (see rule reference below) apply across local workforce development areas (workforce areas).     
  • If an enrolled child is receiving child care in one workforce area and moves to another workforce area to live with guardians while the parent is in military deployment, Boards must ensure the continuity of care across workforce areas.
  • Boards in the workforce area in which the child care is ending must notify the parent, guardians and the workforce area to which the child is moving that the continuity of care requirements of TWC rule §809.54(d) (see rule reference below) apply to the child.
  • Boards in the workforce area in which the child will be residing must accept the transfer of the child to ensure compliance with TWC rule §809.54(d) (see rule reference below).

- Rule Reference: §809.54(d)

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D-904: Continuity of Care for Court-Ordered Custody or Visitation

Workforce Development Boards (Boards) must 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.

- Rule Reference: §809.54

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Part A - Definitions

Part H - Consumer Education and Child Care Quality Activities

Part J - Appendix