1. (a) In this section, the following terms have the following meanings:

   1. (1) "Day care" means the assessment, care, training, education, custody, treatment, or supervision of a foster child by a person other than the child's foster parent for less than 24 hours a day, but at least two hours a day, three or more days a week.
   2. (2) "Emergency placement that is in the child's best interest" means that despite the exercise of reasonable diligence, compliance with the Department's verification process regarding the availability of community day care resources would interfere with a placement that is in the child's best interest.

2. (b) To the extent funds are available, DFPS may provide day care to a foster parent if:

   1. (1) each foster parent in the home works outside the home 40 hours per week or more;
   2. (2) the foster parent is a resident of Texas; and

   3. (3) the foster parent verifies in writing that the foster parent has attempted to find appropriate day-care services for the child through community services, including:

      1. (A) Head Start programs;
      2. (B) Prekindergarten classes;
      3. (C) Early education programs offered in public schools; and
      4. (D) Any other available and appropriate resources in the foster parent's community.

3. (c) To monitor the spending of funds, a priority system among foster parents will also be established in policy. The priority system will be based upon need, but at a minimum will require:

   1. (1) a determination by DFPS that the provision of day care is critical to maintaining the placement of the child with the foster parent; and

   2. (2) at least one child placed by DFPS:

      1. (A) is under six years of age or over six years of age but in day care during a scheduled break in the public school system; or
      2. (B) has a developmental delay (including physical, emotional, and cognitive or language) or physical disability.
4. (d) Notwithstanding any other provision of this section, if DFPS determines that requiring the written verification of a foster parent's attempts to find appropriate community day-care services would prevent an emergency placement in the child's best interest, DFPS may waive the submission of the written verification of the foster parent's attempts. DFPS is authorized to require the submission of the written verification at any point following the initial authorization of day-care services.

5. (e) The Assistant Commissioner for Child Protective Services may grant a good cause waiver of any of the requirements in paragraphs (1) and (2) of subsection (b) of this section, if that person determines that:

   1. (1) the placement cannot be sustained or is unlikely to be sustained if the foster parent cannot receive day care;
   2. (2) there is no reasonable alternative to the provision of day care, such as a change in working hours; and
   3. (3) day care services are only authorized in increments that are commensurate with the hours and days the foster parent and caregivers must be outside the home for employment.

Source Note:The provisions of this §700.332 adopted to be effective March 1, 2014, 39 TexReg 1174.