40 TAC §809.221, §809.225
The Texas Workforce Commission (Commission) adopts amendments
to §§809.221 and 809.225 relating to General Funds Management and
Continuity of Care for child care services and priorities for Choices, Transitional
and Texas Workforce Applicant Child Care services, without changes to the
proposed rules as published in the September 1, 2000, issue of the
Texas Register
(25 TexReg 8619). The text will not be republished.
Purpose: The purpose of the rule amendments is to reinforce the statutory
and regulatory priorities on Child Care services and provide guidance regarding
the objectives of affording continuity of care for families receiving Commission-funded
child care services.
Generally, the amendments to rules continue to require placing eligible
Choices, Transitional or Texas Workforce Applicant's children into child care.
However, the rules make it clear that if necessary, due to limitation of funds,
a child's care may be discontinued to ensure that the statutory and regulatory
priority clients receive child care services. The rule amendments give local
flexibility to ensure that funds are used for families that are striving for
but have not achieved self-sufficiency and who are required to receive child
care services to assist them in becoming self-sufficient.
The rule amendments require Boards to develop policies that reinforce the
priorities set forth in the rules that are based on federal and state law.
The policies should inform families that are not within the statutory and
regulatory categories (Choices, Transitional or Texas Workforce Applicant)
that the provision of child care services may be terminated at a specified
time, but not less than 15 days, after written notice of the termination of
child care services. The notice period must be no less than 15 days as required
by §809.72(5), which provides that parents have the right to "(5) written
notification by the Board's contractor at least 15 days before the denial,
delay, reduction, or termination of child care ...."
For purposes of this preamble, the term "Agency" refers to the daily operations
of the Texas Workforce Commission under the direction of the executive director,
and the term "Commission" refers to the three-member body of governance composed
of Governor-appointed members.
The Commission received one comment from a faith-based provider from the
Alamo Workforce Development Area. A summary of the comment and the response
is set forth as follows.
Comment: The commenter stated that it appears the purpose of the amendment
is to terminate care for all children currently eligible for subsidized child
care unless they are in Choices, Transitional or Agency Applicant child care.
The commenter asserted that under the proposed amendment, many children currently
receiving care will be swept from the rolls and thrown back into the welfare
arena. The commenter asked what criteria would be applied to reduce the existing
rolls and to determine which children will be removed first. The commenter
recommended that the current language in §809.225 be retained, that enrolled
children continue to receive care as long as the family remains eligible,
and that the rolls be reduced through normal attrition.
Response: The Commission recognizes and appreciates the concern expressed
by the commenter and wishes to clarify that the purpose of the proposed amendment
is not to reduce the number of Agency-subsidized children in care. Nor is
it the Commission's intent to terminate care for currently enrolled children
in eligible families. The purpose of the amendment is to reinforce the priority
for child care services that Boards are required to afford to recipients of
TANF cash assistance who are engaged in employment-related activities, families
who are in the process of transitioning off public assistance, and applicants
for TANF cash assistance who find employment before they are certified to
receive TANF cash benefits. Boards may need the flexibility to remove some
children in low-income working families from care in order to serve children
in those groups that have the highest priority for services.
Boards will be given the flexibility to set their own criteria for income
level eligibility within the limits set within the federal regulations for
low-income, working families that will lose Agency-subsidized child care services
first, should that become necessary to keep services available to families
with the highest priority for child care. The Boards are in the best position
to determine the policies that best serve the needs and goals of the workforce
areas.
The amended rules are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.