40 Tex. Admin. Code § 809.2 – Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Attending a job training or educational program--An individual is attending a job training or educational program if the individual:
1. (A) is considered by the program to be officially enrolled;
2. (B) meets all attendance requirements established by the program; and
3. (C) is making progress toward successful completion of the program as determined by the Board upon eligibility redetermination as described in §809.42(b).
(2) Child--An individual who meets the general eligibility requirements contained in this chapter for receiving child care services.
(3) Child care contractor--The entity or entities under contract with the Board to manage child care services. This includes contractors involved in determining eligibility for child care services, contractors involved in the billing and reimbursement process related to child care subsidies, as well as contractors involved in the funding of quality improvement activities as described in §809.16.
(4) Child care services--Child care subsidies and quality improvement activities funded by the Commission.
(5) Child care subsidies--Commission-funded child care reimbursements to an eligible child care provider for the direct care of an eligible child.
(6) Child experiencing homelessness--A child who is homeless as defined in the McKinney-Vento Act (42 U.S.C. 11434(a)), Subtitle VII-B, §725.
(7) Child with disabilities--A child who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities include, but are not limited to, caring for oneself; performing manual tasks; walking; hearing; seeing, speaking, or breathing; learning; and working.
(8) Educational program--A program that leads to:
1. (A) a high school diploma;
2. (B) a General Educational Development (GED) credential; or
3. (C) a postsecondary degree from an institution of higher education.
(9) Excessive unexplained absences--More than 40 unexplained absences within a 12-month eligibility period as described in §809.78(a)(3).
(10) Family--Two or more individuals related by blood, marriage, or decree of court, who are living in a single residence and are included in one or more of the following categories:
1. (A) Two individuals, married--including by common-law, and household dependents; or
2. (B) A parent and household dependents.
(11) Household dependent--An individual living in the household who is one of the following:
1. (A) An adult considered as a dependent of the parent for income tax purposes;
2. (B) A child of a teen parent; or
3. (C) A child or other minor living in the household who is the responsibility of the parent.
(12) Improper payments--Any payment of CCDF grant funds that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements governing the administration of CCDF grant funds and includes payments:
1. (A) to an ineligible recipient;
2. (B) for an ineligible service;
3. (C) for any duplicate payment; and
4. (D) for services not received.
(13) Job training program--A program that provides training or instruction leading to:
1. (A) basic literacy;
2. (B) English proficiency;
3. (C) an occupational or professional certification or license; or
4. (D) the acquisition of technical skills, knowledge, and abilities specific to an occupation.
(14) Listed family home--A family home, other than the eligible child's own residence, that is listed, but not licensed or registered with, the Texas Department of Family and Protective Services (DFPS) pursuant to Texas Human Resources Code §42.052(c).
(15) Military deployment--The temporary duty assignment away from the permanent military installation or place of residence for reserve components of the single military parent or the dual military parents. This includes deployed parents in the regular military, military reserves, or National Guard.
(16) Parent--An individual who is responsible for the care and supervision of a child and is identified as the child's natural parent, adoptive parent, stepparent, legal guardian, or person standing in loco parentis (as determined in accordance with Commission policies and procedures). Unless otherwise indicated, the term applies to a single parent or both parents.
(17) Protective services--Services provided when:
1. (A) a child is at risk of abuse or neglect in the immediate or short-term future and the child's family cannot or will not protect the child without DFPS Child Protective Services (CPS) intervention;
2. (B) a child is in the managing conservatorship of DFPS and residing with a relative or a foster parent; or
3. (C) a child has been provided with protective services by DFPS within the prior six months and requires services to ensure the stability of the family.
(18) Provider--A provider is defined as:
1. (A) a regulated child care provider as defined in §809.2(18);
2. (B) a relative child care provider as defined in §809.2(19); or
3. (C) a listed family home as defined in §809.2(13), subject to the requirements in §809.91(b).
(19) Regulated child care provider--A provider caring for an eligible child in a location other than the eligible child's own residence that is:
1. (A) licensed by DFPS;
2. (B) registered with DFPS; or
3. (C) operated and monitored by the United States military services.
(20) Relative child care provider--An individual who is at least 18 years of age, and is, by marriage, blood relationship, or court decree, one of the following:
1. (A) The child's grandparent;
2. (B) The child's great-grandparent;
3. (C) The child's aunt;
4. (D) The child's uncle; or
5. (E) The child's sibling (if the sibling does not reside in the same household as the eligible child).
(21) Residing with--Unless otherwise stipulated in this chapter, a child is considered to be residing with the parent when the child is living with and physically present with the parent during the time period for which child care services are being requested or received.
(22) Teen parent--A teen parent (teen) is an individual 18 years of age or younger, or 19 years of age and attending high school or the equivalent, who has a child.
(23) Texas Rising Star program--A voluntary, quality-based rating system of child care providers participating in Commission-subsidized child care.
(24) Texas Rising Star Provider--A provider certified as meeting the TRS program standards. TRS providers are certified as one of the following:
1. (A) 2-Star Program Provider;
2. (B) 3-Star Program Provider; or
3. (C) 4-Star Program Provider.
(25) Working--Working is defined as:
1. (A) activities for which one receives monetary compensation such as a salary, wages, tips, and commissions; or
2. (B) participation in Choices or Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) activities.

Source Note:The provisions of this §809.2 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective February 16, 2015, 40 TexReg 708; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective August 1, 2018, 43 TexReg 4474.