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

1. (1) Attending a job training or educational program--An individual is considered to be 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.
2. (2) Child--An individual who meets the general eligibility requirements contained in this chapter for receiving child care services.
3. (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. (4) Child care services--Child care subsidies and quality improvement activities funded by the Commission.
5. (5) Child care subsidies--Commission-funded child care reimbursements to an eligible child care provider for the direct care of an eligible child.
6. (6) Child with disabilities--A child who is mentally or physically incapable of performing routine activities of daily living within the child's typical chronological range of development. A child is considered mentally or physically incapable of performing routine activities of daily living if the child requires assistance in performing tasks (major life activity) that are within the typical chronological range of development, including but not limited to, caring for oneself; performing manual tasks; walking; hearing; seeing, speaking, breathing; learning; and working.

7. (7) 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.
8. (8) Family--The unit composed of a child eligible to receive child care services, the parents of that child, and household dependents.

9. (9) 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.
10. (10) Improper payments--Payments to a provider or Board's child care contractor for goods or services that are not in compliance with federal or state requirements or applicable contracts.

11. (11) 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.
12. (12) 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).
13. (13) 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.
14. (14) 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.

15. (15) 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.

16. (16) Provider--A provider is defined as:

    1. (A) a regulated child care provider as defined in §809.2(17);
    2. (B) a relative child care provider as defined in §809.2(18); or
    3. (C) a listed family home as defined in §809.2(12), subject to the requirements in §809.91(b).

17. (17) 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;
    3. (C) licensed by the Texas Department of State Health Services as a youth day camp; or
    4. (D) operated and monitored by the United States military services.

18. (18) 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).
19. (19) 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.
20. (20) 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.
21. (21) Texas Rising Star program--A voluntary, quality-based rating system of child care providers participating in Commission-subsidized child care.

22. (22) 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.

23. (23) Working--Working is defined as:

    1. (A) activities for which one receives monetary compensation such as a salary, wages, tips, and commissions;
    2. (B) job search activities (subject to the requirements in §809.41(d)); or
    3. (C) 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.