HUMAN RESOURCES CODE

CHAPTER 44. ADMINISTRATION OF FEDERAL AND STATE DAY-CARE PROGRAMS

SUBCHAPTER A. FEDERALLY ESTABLISHED DAY-CARE PROGRAMS


	§ 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, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1987, 70th Leg., ch. 717, § 1, eff. Sept. 
1, 1987;  Acts 1995, 74th Leg., ch. 76, § 8.024, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 655, § 11.64, eff. Sept. 1, 
1995.


	§ 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)  The rules must establish procedures for input by the 
parents of the children in a day-care center into the operation of 
the center.  Where programs have more than 30 percent of their 
licensed capacity purchased by the commission, these procedures 
must include the establishment of ongoing parent advisory 
committees that regularly meet and review day-care center 
operations.
	(d)  The executive director of the commission may promulgate 
eligibility standards for admittance into the program, but the 
standards must allow for exceptions where necessary to maintain 
family self-sufficiency and integrity.  The exceptions must be 
reviewed biannually by the commission with opportunity provided for 
public input.  The initial exceptions and any revisions must be 
published in the Texas Register.

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1987, 70th leg., ch. 717, § 1, eff. Sept. 
1, 1987;  Acts 1995, 74th Leg., ch. 76, § 8.025, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 655, § 11.65, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1987, 70th Leg., ch. 717, § 1, eff. Sept. 
1, 1987;  Acts 1995, 74th Leg., ch. 76, § 8.026, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 655, § 11.66, eff. Sept. 1, 
1995.

SUBCHAPTER B. DAY-CARE CENTERS


	§ 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, § 1, eff. Sept. 1, 1987.  
Amended by Acts 1995, 74th Leg., ch. 76, § 8.027, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 655, § 11.67, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1987.  
Amended by Acts 1995, 74th Leg., ch. 76, § 8.028, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 655, § 11.68, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1987.           


	§ 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, § 1, eff. Sept. 1, 1987.  
Amended by Acts 1995, 74th Leg., ch. 76, § 8.029, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 655, § 11.69, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1987.  
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), 8.030, eff. 
Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, § 11.70, eff. 
Sept. 1, 1995.


	§ 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, § 1, eff. Sept. 1, 1987.  
Amended by Acts 1995, 74th Leg., ch. 76, § 8.031, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 655, § 11.71, eff. Sept. 1, 
1995.