F-101: Eligible Child Care Providers

Workforce Development Boards (Boards) must ensure that child care subsidies are paid only to:

  • Regulated child care providers, defined in A-100: Definitions as a provider caring for an eligible child in a location other than the eligible child’s own residence, and one of the following:
  • Relative child care providers subject to the listed requirements in the section below, F-102: Relative Providers Listed With DFPS, and defined in A-100: Definitions as an individual who is at least 18 years of age, and is, by marriage, blood relationship or court decree, one of the following:

- Rule Reference: §809.91(a)

F-101.a: Out-of-State Child Care Providers

At a Board’s option, child care subsidies may be paid to child care providers licensed in a neighboring state, subject to the following requirements:

  • Boards must ensure that the Board’s child care contractor reviews the licensing status of the out-of-state provider every month, at a minimum, to confirm the provider is meeting the minimum state licensing standards.
  • Boards must ensure that the out-of-state provider meets the requirements of the neighboring state to serve Child Care and Development Fund–subsidized children.
  • The provider must agree to comply with the requirements of this chapter and all Board policies and Board child care contractor procedures, including, but not limited to:

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F-102: Relative Providers Listed With Texas Department of Family and Protective Services

Workforce Development Boards (Boards) must be aware of the following:

  • For relative child care providers to be eligible for reimbursement for Texas Workforce Commission (TWC)-funded child care services, they must list with the Texas Department of Family and Protective Services (DFPS).

  • Pursuant to 45 CFR §98.41(e), relative child care providers listed with DFPS will be exempt from the health and safety requirements of 45 CFR Part 98 and §809.91(b)(2).

- Rule Reference: §809.91(e)

Boards must not prohibit a relative child care provider that is listed with DFPS and that meets the definition of a relative provider from being an eligible relative child care provider.

F-102.a: Submitting the Listed Home Application Electronically

Boards must be aware that DFPS:

  • Has implemented the eApplication Process, which allows a child care provider to apply online to become a listed home provider 
  • Recommends that applicants apply online using the DFPS website to facilitate and expedite the application process for relative provider listed homes

Boards must be aware that providers that are required to list with DFPS can submit the listed home application in one of the following ways:

Boards must be aware that the following forms, which must be completed by relative child care providers that are required to list with DFPS, are located on the Texas Department of Family and Protective Services website

  • Listing Request, Form 2986
  • Listing Request, Form 2986, Spanish
  • Request for Criminal History and Central Registry Check, Form 2971
  • Request for Criminal History and Central Registry Check, Form 2971, Spanish
  • Listed Family Home Fee Schedule, Form 3008

Boards must ensure that the above forms are made available to relative providers who are required to list with DFPS.

Boards also must ensure that these relative providers receive the following information regarding submission of the forms to DFPS:

  • The Listing Request, Form 2986, and the Request for Criminal History and Central Registry Check, Form 2971, must be submitted to the appropriate DFPS Local Child Care Licensing Office.
  • The relative applying for the listing permit and each individual listed in the Listing Request, Form 2986, must be included in the Request for Criminal History and Central Registry Check, Form 2971.
  • The Listed Family Home Fee Schedule, Form 3008, must be submitted to: Texas Department of Family and Protective Services, Licensing Fee, Accounting Division E-672, P.O. Box 149030, Austin, Texas 78714-9030
  • Except for relative providers caring for a child in the child’s home (in-home child care), relative providers required to list with DFPS must pay a $20 fee and $2 for each background check requested and submit the payment with the Listed Family Home Fee Schedule, Form 3008.  
  • The relative provider must fill out the forms completely.  DFPS will return incomplete forms to the applicant, which will delay the listing process.

Boards may provide the Instructions for Relative Child Care Providers on Completing Required Texas Department of Family and Protective Services Forms PDF to relative providers who must list with DFPS.

Boards may encourage their child care contractors to assist relatives in filling out the application forms by reviewing the applications for completeness. 

Boards must ensure that relative providers applying to be listed with DFPS receive the information in the Requirements for Listed Family Homes PDF desk aid.

Expediting the Listed Home Application

Boards must be aware of the following DFPS recommendations, which may expedite completion of the listing process:

  • Do not send the original Listed Family Home Fee Schedule, Form 3008, and fee payment check to the DFPS Local Child Care Licensing Office with the Listing Request, Form 2986, and the Request for Criminal History and Central Registry Check, Form 2971.  However, relative listing applicants are encouraged to include a photocopy of the Listed Family Home Fee Schedule, Form 3008, and a photocopy of the check with the Listing Request, Form 2986, and the Request for Criminal History and Central Registry Check, Form 2971, when submitting them to the Texas Department of Family and Protective Services Local Child Care Licensing Office.
  • DFPS expects to process applications as quickly as possible.  To expedite the process, relative listing applicants should be discouraged from contacting DFPS regarding the status of their applications—with the following exception: If a relative listing applicant has not received the listing permit or been contacted by DFPS regarding the status of the application within 45 days of submitting it, he or she then may contact DFPS.

F-102.b: Relatives Providing Care in the Child’s Home

Boards must allow relative child care providers to care for a child in the child’s home (in-home child care) only for the following:

  • A child with disabilities as defined in §809.2(6), and his or her siblings
  • A child under 18 months of age, and his or her siblings
  • A child of a teen parent
  • When the parent’s work schedule requires evening, overnight or weekend child care in which taking the child outside of the child’s home would be disruptive to the child

A Board may allow relative in-home child care for circumstances in which the Board’s child care contractor determines and documents that other child care provider arrangements are not available in the community.

- Rule Reference: §809.91(e)(2)-(3)

Boards must ensure that local procedures are established that require Board child care contractors to adequately document the need for in-home care when based on a parent’s work schedule.

If Boards use in-home child care based on a lack of child care in the community, the Boards must ensure that local procedures are established that aid the Board’s child care contractor in determining and documenting the circumstances of that lack.

F-102.c: Notification to All Parents Choosing Relative Child Care Providers

Boards must ensure that a parent requesting a relative child care provider—including in-home child care—is notified of the following:

  • The requested relative provider must apply for a listing with DFPS by following the procedures in this section.
  • Individuals in the listed home are subject to:

-  Criminal background checks, including checks against the Texas Department of Public Safety Sex Offender registry

-  Checks against the DFPS child abuse central registry

F-102.d: Notification to Parents Choosing Relative In-Home Child Care Providers

If a parent requests in-home child care, Boards must ensure that staff notify the parent that the in-home child care provider can have the listing fee waived only if the following conditions are met:

The Listed Family Home Fee Waiver Authorization MS Word form (CC-2432).

F-102.e: Listed Family Homes with Suspended Permits

Boards must be aware that the DFPS Weekly Report includes Listed Homes whose permit has been suspended for failure to pay the permit fee to DFPS or other permit deficiencies. 

Boards must ensure that if a Listed Home on the list is a relative provider, any referrals must be ended if the status is “LH – Voluntary Suspension” and intake must be closed upon receipt of this report.  The provider should be contacted immediately and informed of the situation and that payments will be ended pending resolution of the deficiency. 

The program detail should remain open for any children in care with the provider, and the parent should be given the option to choose another eligible provider. 

Referrals must remain ended and intake closed until the provider has paid the fee or corrected the deficiencies and appears as “LH – End Voluntary Suspension” on the weekly report.

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F-103: Other Requirements Placed on Providers

Except as provided by the criteria for Texas Rising Star certification, a Workforce Development Board (Boards) or the Board’s child care contractor must not place requirements on regulated providers that:

When a Board or the Board’s child care contractor, in the course of fulfilling its responsibilities, gains knowledge of any possible violation regarding regulatory standards, the Board or its child care contractor must report the information to the appropriate regulatory agency.

- Rule Reference: §809.91(c)

 

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F-104: Parents as Child Care Providers

Workforce Development Boards (Boards) must ensure that subsidies are not paid for a child at the following child care providers:

  • Licensed child care centers, including before- or after-school programs and school-age programs, in which the parent or his or her spouse, including the child’s parent or stepparent, is the director or assistant director, or has an ownership interest (with the exception of foster parents authorized by DFPS pursuant to D-700)
  • Licensed, registered or listed child care homes where the parent also works during the hours his or her child is in care

- Rule Reference: §809.91(f)

Boards must be aware that the rule affecting parents who work at child care facilities applies only to home-based care situations.  For center-based care, a parent can work at the facility, unless the parent is the director, assistant director or has an ownership interest in the facility.

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Part A - Definitions

Part H - Consumer Education and Child Care Quality Activities

Part J - Appendix