1. (a) For child care funds allocated by the Commission pursuant to its allocation rules (generally, Chapter 800, General Administration, Subchapter B, Allocation and Funding, and specifically, §800.58, Child Care), including local public transferred funds and local private donated funds, as provided in §809.17, the following shall apply.

   1. (1) A Board shall set a parent share of cost policy that assesses the parent share of cost in a manner that results in the parent share of cost:

      1. (A) being assessed to all parents, except in instances when an exemption under paragraph (2) of this subsection applies;
      2. (B) being an amount determined by a sliding fee scale based on the family's size and gross monthly income, and also may consider the number of children in care.

      3. (C) being assessed only at the following times:

         1. (i) initial eligibility determination;
         2. (ii) 12-month eligibility redetermination;
         3. (iii) upon the addition of a child in care;
         4. (iv) upon a parent's report of a change in income, family size, or number of children in care that would result in a reduced parent share of cost assessment; and
         5. (v) upon resumption of work, job training, or education activities following temporary changes described in §809.51(a)(2) and upon resumption of work, job training, or education activities during the three-month continuation of care period described in §809.51(c); and
      4. (D) not increasing above the amount assessed at initial eligibility determination or at the 12-month eligibility redetermination based on the factor in subparagraph (B) of this paragraph, except upon the addition of a child in care as described in subsection (a)(1)(C)(iii) of this section.

   2. (2) Parents who are one or more of the following are exempt from paying the parent share of cost:

      1. (A) Parents who are participating in Choices or who are in Choices child care described in §809.45;
      2. (B) Parents who are participating in SNAP E&T services or who are in SNAP E&T child care described in §809.47;
      3. (C) Parents of a child receiving Child Care for Children Experiencing Homelessness as described in §809.52; or
      4. (D) Parents who have children who are receiving protective services child care pursuant to §809.49 and §809.54(c), unless DFPS assesses the parent share of cost.
   3. (3) Teen parents who are not covered under exemptions listed in paragraph (2) of this subsection shall be assessed a parent share of cost. The teen parent's share of cost is based solely on the teen parent's income and size of the teen's family as defined in §809.2.
2. (b) For child care services funded from sources other than those specified in subsection (a) of this section, a Board shall set a parent share of cost policy based on a sliding fee scale. The sliding fee scale may be the same as or different from the provisions contained in subsection (a) of this section.
3. (c) A Board shall establish a policy regarding reimbursement of providers when parents fail to pay the parent share of cost.
4. (d) The Board or its child care contractor may review the assessed parent share of cost for a possible temporary reduction if there are extenuating circumstances that jeopardize a family's self-sufficiency. The Board or its child care contractor may temporarily reduce the assessed parent share of cost if warranted by these circumstances. Following the temporary reduction, the parent share of cost amount immediately prior to the reduction shall be reinstated.
5. (e) If the parent is not covered by an exemption as specified in subsection (a)(2) of this section, then the Board or its child care contractor shall not waive the assessed parent share of cost under any circumstances.
6. (f) If the parent share of cost, based on family income and family size, is calculated to be zero, then the Board or its child care contractor shall not charge the parent a minimum share of cost amount.

7. (g) A Board may establish a policy to reduce the parent share of cost amount assessed pursuant to subsection (a)(1)(B) of this section upon the parent's selection of a TRS-certified provider. Such Board policy shall ensure:

   1. (1) that the parent continue to receive the reduction if:

      1. (A) the TRS provider loses TRS certification; or
      2. (B) the parent moves or changes employment within the workforce area and no TRS-certified providers are available to meet the needs of the parent's changed circumstances; and
   2. (2) that the parent no longer receives the reduction if the parent voluntarily transfers the child from a TRS-certified provider to a non-TRS-certified provider.

Source Note:The provisions of this §809.19 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective September 8, 2008, 33 TexReg 7568; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529.