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; and
      3. (C) not exceeding the Board's maximum reimbursement rate or the provider's published rate, whichever is lower.

   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;
      2. (B) Parents who are participating in SNAP E&T services; or
      3. (C) Parents who have children who are receiving protective services child care pursuant to §809.49 and §809.54(c)(1), 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(8).
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 possible reduction if there are extenuating circumstances that jeopardize a family's self-sufficiency. The Board or its child care contractor may reduce the assessed parent share of cost if warranted by these circumstances.
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.

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.