1. (a) A Board shall ensure that child care services are prioritized among the following three priority groups:

   1. (1) The first priority group is assured child care services and includes children of parents eligible for the following:

      1. (A) Choices child care as referenced in §809.45;
      2. (B) Temporary Assistance for Needy Families (TANF) Applicant child care as referenced in §809.46;
      3. (C) FSE&T child care as referenced in §809.47; and
      4. (D) Transitional child care as referenced in §809.48.

   2. (2) The second priority group is served subject to the availability of funds and includes, in the order of priority:

      1. (A) children who need to receive protective services child care as referenced in §809.49;
      2. (B) children of a qualified veteran or qualified spouse as defined in §801.23 of this title;
      3. (C) children of a foster youth as defined in §801.23 of this title;
      4. (D) children of teen parents as defined in §809.2; and
      5. (E) children with disabilities as defined in §809.2.
   3. (3) The third priority group includes any other priority adopted by the Board.
2. (b) A Board shall not establish a priority group under subsection (a)(3) of this section based on the parent's choice of an individual provider or provider type.

Source Note:The provisions of this §809.43 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective September 8, 2008, 33 TexReg 7568.