CHAPTER 44. ADMINISTRATION OF FEDERAL AND STATE DAY-CARE PROGRAMS
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD
WELFARE AND PROTECTIVE SERVICES
CHAPTER 44. ADMINISTRATION OF FEDERAL AND STATE DAY-CARE PROGRAMS
SUBCHAPTER A. FEDERALLY ESTABLISHED DAY-CARE PROGRAMS
Sec. 44.001. DESIGNATED AGENCY. The Texas Workforce Commission
is the state agency designated to administer a day-care program
established by federal law and financed partially or totally by
federal funds.
Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1,
eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.024,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.64,
eff. Sept. 1, 1995.
Sec. 44.002. ADMINISTRATIVE RULES. (a) The Texas Workforce
Commission shall promulgate rules to carry out the administrative
provisions of the program consistent with federal law and
regulations.
(b) The rules must include procedures to allow operators of
day-care centers to review and comment on proposed rules and
policies.
(c) Repealed by Acts 2005, 79th Leg., Ch. 228, Sec. 1, eff. May
27, 2005.
(d) Repealed by Acts 2005, 79th Leg., Ch. 228, Sec. 1, eff. May
27, 2005.
Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1987, 70th leg., ch. 717, Sec. 1,
eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.025,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.65,
eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
228, Sec. 1, eff. May 27, 2005.
Sec. 44.003. ADMINISTRATION OF FEDERAL-LOCAL PROGRAM. (a) If
the program is to be funded through political subdivisions of the
state or local agencies approved by the commission matching
federal grants, the commission shall promulgate procedures for
effective delivery of services consistent with this section and
with federal law and regulations.
(b) If the services are provided through contracting with
operators of day-care programs on request from political
subdivisions or local agencies, the commission may not promulgate
standards for selection of the type of programs more restrictive
than required by federal law or regulations.
(c) The executive director of the commission shall establish an
accounting system consistent with federal law and regulations
which will provide that an operator of a day-care program
contracting with the commission:
(1) shall receive prepayment in accordance with policies and
procedures mutually agreed on by the comptroller and the
commission; and
(2) shall be paid on the basis of legitimate and reasonable
expenses, insofar as possible, given federal regulations and
department policy, instead of being paid on the basis of the
number of children attending or the number of children enrolled
in the program, provided that on being monitored by the
commission, the contracting operator can substantiate that there
were sufficient preparations in the development of the services
offered.
(d) The executive director of the commission shall establish
procedures for hearing complaints by operators of day-care
programs contracting with the commission relating to the failure
of the commission to comply with Subsection (c).
Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1,
eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.026,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.66,
eff. Sept. 1, 1995.
SUBCHAPTER B. DAY-CARE CENTERS
Sec. 44.031. ESTABLISHMENT. (a) The commission may establish
day-care centers for all children who qualify for services under
Section 44.032. Where in the opinion of the executive director of
the commission it appears feasible for the furtherance of the
objectives of this legislation, the commission may establish
cooperative agreements with other state agencies.
(b) The commission is not required to establish a day-care
center or to provide services under this subchapter unless funds
are appropriated for that purpose.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.027, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.67, eff.
Sept. 1, 1995.
Sec. 44.032. ELIGIBILITY. (a) Except as provided by Subsection
(b), to be eligible for admission to a day-care center authorized
under this subchapter, a child must be at least six weeks of age
and:
(1) the child must be eligible for state assistance under the
aid to families with dependent children program and the child's
caretaker must be employed, enrolled in a job training program
authorized by the Texas Workforce Commission, registered to work
by that commission, or permanently and totally disabled; or
(2) the child must be from a family eligible under federal law
or regulations to participate in a partially or totally federally
funded welfare or social services program.
(b) Additional children of the same age group may also be
admitted to a center under additional standards established by
the commission.
(c) To reduce rapid turnover of children in care and to ensure
maximum stability for the child to the extent possible within
federal guidelines, once a child meets the initial eligibility
standards and is enrolled in a child-care program, the child
remains eligible for not less than one year after the date of
enrollment.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.028, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.68, eff.
Sept. 1, 1995.
Sec. 44.033. FEES. (a) A fee for services rendered by the
day-care center may not be charged for a child who is eligible
for state assistance under the aid to families with dependent
children program.
(b) A fee that is scaled to family income for services rendered
by the day-care program may be charged for a child who is not
eligible for state assistance under the aid to families with
dependent children program.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,
1987.
Sec. 44.034. STANDARDS; RECOMMENDATIONS. (a) If the Texas
Workforce Commission establishes day-care centers under this
subchapter, the department shall prescribe standards of operation
and performance for the centers that will ensure proper
nutrition, social adjustment, health services, and appropriate
growth and development for children admitted.
(b) The executive director of the commission shall prescribe
procedures for receiving recommendations relating to the
operation of the centers from parents, guardians, or custodians
of children admitted to the centers, operators of the centers,
and other interested persons.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.029, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.69, eff.
Sept. 1, 1995.
Sec. 44.035. CONTRACTS. (a) The executive director of the
Texas Workforce Commission may contract for services authorized
under this subchapter with an individual, organization,
association, or corporation meeting the standards established
under Section 44.034 and the standards for child-care facilities
licensed by the Department of Protective and Regulatory Services.
(b) The fees paid to the center under the contract may not
exceed the amount it would cost the state to provide the same
services.
(c) The executive director of the commission shall terminate a
contract with a day-care center that fails to maintain the
department's standards.
(d) When the executive director of the commission intends to
cancel a contract with a day-care center, the executive director
shall give the center reasonable notice and an opportunity for a
hearing if one is requested. The commission shall adopt rules
consistent with Chapter 2001, Government Code, to implement this
section. Hearings under this section are contested cases under
that chapter.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
8.030, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec.
11.70, eff. Sept. 1, 1995.
Sec. 44.036. ANNUAL EVALUATION OF DAY-CARE CENTERS. If the
commission establishes day-care centers or provides services
under this subchapter, the commission, with the assistance of the
department, shall evaluate the performance of the centers each
state fiscal year. This evaluation shall be sent to the governor
and to the Legislative Budget Board not later than the 100th day
after the last day of the state fiscal year covered by the
evaluation.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.031, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.71, eff.
Sept. 1, 1995.