D-201: Eligibility for At-Risk Child Care

A child is eligible for At-Risk child care services if the following conditions are met  at initial eligibility determination and at eligibility redetermination:

  • The child's family income does not exceed the income limit established by the Workforce Development Boards (Boards) as described in D-100: Eligibility for Child Care Services.
  • The child’s family income does not exceed 85 percent of the state median income (SMI).
  • Child care is required for the child's 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 50 hours per week for a two-parent family, or a higher number of hours per week as established by Board policy.  (As required by Texas Workforce Commission (TWC) rule at 40 TAC §802.1(f) and as detailed in WD Letter 10-07 PDF, Board members must take such actions in an open meeting.)

Rule Reference: §809.50(a)

D-201.a: Higher Income Limits for Certain Populations

Boards may establish a higher income eligibility limit, not to exceed 85 percent of the state median income, for the following:

  • Teen parents
  • Families with a child enrolled in Head Start, Early Head Start or public prekindergarten

- Rule Reference: §809.50(e), (g)

D-201.b: Income and Family Size for Teen Parents

Boards must be aware that a teen parent’s family income is based solely on the following:

- Rule Reference: §809.50(f)

 

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D-202: Calculating Activity Hours

Workforce Development Boards (Boards) must ensure that work activity hours are verified as part of determining child care service eligibility before child care is authorized at initial eligibility and at the 12-month eligibility redetermination.

Boards must be aware that during the 12-month eligibility period, reductions in work, training, or education participation are not grounds for terminating care unless there is a permanent cessation of work, training or education and three months of continuing care have already been provided.

Rule Reference: §809.51(a)(D)

Boards must be aware that in the case of two-parent households, any permanent loss of work, training, or education by one parent is regarded as a reduction in hours provided the other parent continues to participate in work, training, or education at any level. As described in §809.51(a)(2)(D), a reduction in work, training, or education hours is considered a temporary change in the ongoing status of the child’s parent as working or attending a job training or education program.

D-202:a: Calculating Work Hours

Boards must be aware that to be eligible for Child Care services, parents must require child care in order 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 50 hours per week for a two-parent family, or a higher number of hours per week as established by the Board.

Rule Reference: §809.50(a)(2)

Boards must establish procedures for determining average weekly participation hours that take into account the three-month income determination period. Boards must ensure that local procedures for determining average participation hours take into account fluctuations in earnings (which may reflect fluctuations in participation hours) and situations that are outside of a parent’s control.

Examples of situations that are outside of a parent’s control include:

  • An employer that is closed or operates at reduced hours during specific times such as the holidays
  • Breaks between semesters or gaps between completion of an education or training program and the availability of certification testing
  • Closure of a business or provider of a job training or education program

D-202.b: Calculating Education Hours

Boards must be aware of the following:

  • Each credit hour of postsecondary education counts as three hours per week.
  • Each credit hour of a condensed postsecondary education course (that is, summer semester) counts as six hours per week.  
  • Teen parents attending high school or the equivalent are considered to be meeting the weekly activity requirements.

- Rule Reference: §809.50(c)

Additional information for calculating education hours for teen parents is available in Technical Assistance Bulletin 96, Education Activities for At-Risk Child Care PDF.

D-202.c: Work Hours for Self-Employed Individuals

When self-employed individuals are unable to provide verifiable documentation of work hours but are able to provide verifiable documentation of income, Boards may apply the federal minimum wage to net self-employed income to calculate a self-employed individual’s work hours.

  • Examples of acceptable verifiable documentation of work hours include, but are not limited to, the following:

D-202.d: Allowable Reductions in Activity Hours

At initial eligibility determination or redetermination, Boards may reduce work, education and job training activity requirements if a parent’s documented medical disability or need to care for a physically or mentally disabled family member prevents the parent from participating in the activities for the required hours per week.

- Rule Reference: §809.50(b)

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D-203: Identity Verification for At-Risk Child Care

Workforce Development Boards (Boards) must be aware that information entered into The Workforce Information System of Texas (TWIST) for parents, household members and children receiving At-Risk subsidized child care is validated through crossmatch verification between the Texas Workforce Commission (TWC) and federal databases.

D-203.a: Identity Verification Data Elements

Boards must be aware of the following:

  • Identity information is verified electronically with federal databases through a weekly batch process, with responses provided overnight.  Four data elements are used in the matching process:
  • If all four data elements match, the individual’s identity is confirmed as valid.  If there are any mismatches, a mismatch report identifies the customers requiring identity verification.
  • Mismatches occur for a variety of reasons:
  • Database mismatches are sent to Boards using encryption software.

D-203.b: Resolving Data Mismatches

Boards must ensure that appropriate staff review the customer’s case file and ensure that identity data mismatches (that is, SSN, name, date of birth or gender) are resolved using the following procedures:

  • Review the case file documentation containing the four data elements to determine whether a data entry error in TWIST caused the mismatch.
  • If the case file review confirms a data entry error occurred, enter the correct data into TWIST.
  • If the case file review confirms the data was entered into TWIST correctly, contact the customer in writing and provide the following:
  • If the customer confirms the data elements in TWIST are correct, request proof through acceptable documentation of the correct data elements.
  • If the customer states that the data elements in TWIST are incorrect:

Boards must ensure that appropriate staff accept any of the following documentation for verifying identity:

  • U.S. passport*
  • State driver’s license*
  • Government-issued identification (ID) card*
  • School ID card*
  • U.S. military card or draft record
  • Birth certificate
  • Military dependent’s ID card*
  • Native American Tribal document/card (I-872)
  • U.S. Coast Guard Merchant Mariner ID card*
  • Certificate of Degree of Indian Blood or other U.S. American Indian/Alaskan Native and Tribal document*
  • Adoption papers or records
  • Employee ID card*
  • Signed application for Medicaid—signature of an authorized representative acting on the individual’s behalf is acceptable
  • Certificate of U.S. citizenship* (N-561)
  • Lawful permanent resident card, also known as a green card* (I-551)
  • Employment authorization card (I-766)*
  • Certificate of birth, issued by a foreign service post (FS-545)
  • TANF, SNAP benefits (food stamps) or other related public assistance records
  • Foreign passport*
  • Form I-94 Arrival/Departure Record
  • Travel document card*

*Issued with a photograph

If the customer does not respond to the request for documentation, Boards

  • Must ensure that the documentation is requested of and submitted by the customer during the 12-month eligibility redetermination process
  • May initiate fraud fact-finding pursuant to TWC procedures during the 12-month eligibility period or during the 12-month eligibility redetermination period

Additional information and technical assistance for resolving identity data mismatches is available in Technical Assistance Bulletin 249, Identity Mismatch Verification Report PDF and the accompanying attachment Identity Mismatch Verification Report PDF sample.

D-203.c: Reporting Multiple Use of a Social Security Number

If, during the course of an identity data discrepancy review, Boards discover that a Social Security Number (SSN) is being used by more than one individual or employer, Boards must immediately report this information to TWC’s Office of Investigations and submit an Incident Report (RID-32) within five business days.  The RID-32 and instructions are available on TWC’s Intranet (the Intranet is not available to the general public).

 

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Part A - Definitions

Part H - Consumer Education and Child Care Quality Activities

Part J - Appendix