1. (a) Except for a child receiving or needing protective services as described in §809.49, for a child to be eligible to receive child care services, at the time of eligibility determination or redetermination, a Board shall ensure that the child:

   1. (1) meets one of the following age requirements:

      1. (A) be under 13 years of age; or
      2. (B) at the option of the Board, be a child with disabilities under 19 years of age;
   2. (2) is a U.S. citizen or legal immigrant as determined under applicable federal laws, regulations, and guidelines; and

   3. (3) resides with:

      1. (A) a family within the Board's workforce area :

         1. (i) whose income does not exceed the income limit established by the Board, which income limit must not exceed 85 percent of the state median income (SMI) for a family of the same size; and
         2. (ii) whose assets do not exceed $1,000,000 as certified by a family member; or
         3. (iii) that meets the definition of experiencing homelessness as defined in §809.2.
      2. (B) parents who require child care in order to work or attend a job training or educational program; or
      3. (C) a person standing in loco parentis for the child while the child's parent is on military deployment and the deployed military parent's income does not exceed the limits set forth in subparagraph (A) of this paragraph.
2. (b) Notwithstanding the requirements set forth in subsection (c) of this section, a Board shall establish policies, including time limits, for the provision of child care services while the parent is attending an educational program.
3. (c) Time limits pursuant to subsection (b) of this section shall ensure the provision of child care services for four years, if the eligible child's parent is enrolled in an associate's degree program that will prepare the parent for a job in a high-growth, high-demand occupation as determined by the Board.
4. (d) A Board may establish a policy to allow parents attending a program that leads to a postsecondary degree from an institution of higher education to be exempt from residing with the child as defined in §809.2.
5. (e) Boards that establish initial family income eligibility at a level less than 85 percent of SMI must ensure that the family remains income-eligible for care after passing the Board's initial income eligibility limit.
6. (f) Unless otherwise specified, this subchapter applies only to child care services using funds allocated pursuant to §800.58 of this title, including local public transferred funds and local private donated funds described in §809.17.

Source Note:The provisions of this §809.41 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective June 22, 2009, 34 TexReg 4197; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529.