A Board shall ensure that the Board's child care contractor informs the parent in writing that the parent has the right to:

1. (1) choose the type of child care provider that best suits their needs and to be informed of all child care options available to them as included in the consumer education information described in §809.15;
2. (2) visit available child care providers before making their choice of a child care option;
3. (3) receive assistance in choosing initial or additional child care referrals including information about the Board's policies regarding transferring children from one provider to another;
4. (4) be informed of the Commission rules and Board policies related to providers charging parents the difference between the Board's reimbursement and the provider's published rate as described in §809.92(c) - (d);
5. (5) be represented when applying for child care services;
6. (6) be notified of their eligibility to receive child care services within 20 calendar days from the day the Board's child care contractor receives all necessary documentation required to determine eligibility for child care;
7. (7) receive child care services regardless of race, color, national origin, age, sex, disability, political beliefs, or religion;
8. (8) have the Board and the Board's child care contractor treat information used to determine eligibility for child care services as confidential;

9. (9) receive written notification, except as provided by paragraph (10) of this section, at least 15 days before the denial, delay, reduction, or termination of child care services unless:

   1. (A) the services are authorized to cease immediately because either the parent is no longer participating in the Choices or SNAP E&T program or services are authorized to end immediately for children in protective services child care; or
   2. (B) the services are authorized to cease immediately as required by Board policy because the child has been absent for five consecutive authorized days of care and the parent has failed to contact the child care provider or the child care contractor by the end of the fifth authorized day;

10. (10) receive 30-day written notification from the Board's child care contractor if child care is to be terminated in order to make room for a priority group described in §809.43(a)(1), as follows:

    1. (A) Written notification of denial, delay, reduction, or termination shall include information regarding other child care options for which the recipient may be eligible.
    2. (B) If the notice on or before the 30th day before denial, delay, reduction, or termination in child care would interfere with the ability of the Board to comply with its duties regarding the number of children served or would require the expenditure of funds in excess of the amount allocated to the Board, notice may be provided on the earliest date on which it is practicable for the Board to provide notice;
11. (11) reject an offer of child care services or voluntarily withdraw their child from child care unless the child is in protective services;
12. (12) be informed of the possible consequences of rejecting or ending the child care that is offered;
13. (13) be informed of the eligibility documentation and reporting requirements described in §809.72 and §809.73;
14. (14) be informed of the parent appeal rights described in §809.74;
15. (15) be informed of the Board's attendance policy as required in §809.13(d)(13) and the consequences for five consecutive absences without contact as described in paragraph (9)(B) of this section; and
16. (16) be informed of required background and criminal history checks for relative child care providers through the listing process with DFPS, as described in §809.91(e), before the parent or guardian selects the relative child care provider.

Source Note:The provisions of this §809.71 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective November 14, 2011, 36 TexReg 7675; amended to be effective January 8, 2013, 38 TexReg 155.