1. (a) A parent is eligible for Transitional child care services if the parent:

   1. (1) has been denied TANF because of increased earnings; or
   2. (2) has been denied temporary cash assistance within 30 days because of expiration of TANF time limits; and
   3. (3) requires child care to work or attend a job training or educational program for a combination of at least 25 hours per week for a single-parent family or 50 hours per week for a two-parent family, or a higher number of hours per week as established by a Board.
2. (b) Boards may establish an income eligibility limit for Transitional child care that is higher than the eligibility limit for children in families at risk of becoming dependent on public assistance, provided that the higher income limit does not exceed 85% of the state median income for a family of the same size.

3. (c) Transitional child care shall be available for:

   1. (1) a period of up to 12 months from the effective date of the TANF denial; or
   2. (2) a period of up to 18 months from the effective date of the TANF denial in the case of a former TANF recipient who was eligible for child caretaker exemptions pursuant to Texas Human Resources Code §31.012(c) and voluntarily participates in the Choices program.
4. (d) Former TANF recipients who are not employed when TANF expires, including recipients who are engaged in a Choices activity except as provided under subsection (e) of this section, shall receive up to four weeks of Transitional child care in order to allow these individuals to search for work as needed.
5. (e) Former TANF recipients who are engaged in a Choices activity, are meeting the requirements of Chapter 811 of this title, and are denied TANF because of receipt of child support shall be eligible to receive Transitional child care services until the date on which the individual completes the activity, as defined by the Board.

Source Note:The provisions of this §809.48 adopted to be effective January 29, 2007, 32 TexReg 336.