1. (a) For child care funds allocated by the Commission pursuant to its allocation rules (Chapter 800. General Administration, Subchapter B. Allocation and Funding §800.58), the following shall apply.

   1. (1) A Board shall set a parents' share of cost policy in accordance with the requirements set forth in §809.12 of this chapter (relating to Board Policies and Plans for Child Care Services) that shall assess parents' share of cost in a manner that results in the parents' share of cost:

      1. (A) being assessed to all parents or caretakers, except in instances when an exemption under paragraph (2) of this subsection applies;
      2. (B) being based on the family's size and gross monthly income, and may also be based on the number of children in care; and
      3. (C) not exceeding the cost of care.

   2. (2) Parents that are one or more of the following are exempt from paying a parents' share of cost:

      1. (A) parents who receive TANF;
      2. (B) parents who receive Supplemental Security Income (SSI);
      3. (C) parents who participate in the Food Stamp Employment and Training; or
      4. (D) parents who have children that are receiving protective services unless the Texas Department of Protective and Regulatory Services assesses a parents' share of cost.
   3. (3) Teen parents who live with their parents and who are not covered under exceptions outlined under paragraph (2) of this subsection shall be assessed a parents' share of cost. The parents' share of cost is based solely on the teen parent's income.
   4. (4) A parents' share of cost shall be assessed to families in which the child is the only TANF or SSI recipient.
2. (b) For child care services funded from sources other than those sources for funds allocated by the Commission for Child Care Services pursuant to its allocation rules, a Board shall set a parents' share of cost policy based on a sliding fee scale that may be the same as or different from the provisions contained in subsection (a) of this section.
3. (c) Providers shall collect assessed parents' share of cost and subsidies before child care is delivered.
4. (d) It is the sole responsibility of the provider to collect assessed parents' share of cost and subsidies.
5. (e) A Board shall establish a policy regarding reimbursement of providers to address consequences for providers in situations when parents fail to pay parents' share of cost and subsidies.

Source Note:The provisions of this §809.46 adopted to be effective November 7, 2000, 25 TexReg 11090.