1. (a) For a child currently enrolled in child care, a Board shall ensure that child care services continue during the appeal process until a decision is reached, if the parent requests a hearing.

2. (b) A Board shall ensure that child care does not continue during the appeal process if the parent's eligibility or child's enrollment is denied, delayed, reduced, suspended, or terminated because of:

   1. (1) excessive absences;
   2. (2) voluntary withdrawal from child care;
   3. (3) change in federal or state laws or regulations that affect the parent's eligibility;
   4. (4) lack of funding because of increases in the number of enrolled children in state and Board priority groups;
   5. (5) a sanctions finding against the parent participating in the Choices program;
   6. (6) voluntary withdrawal of a parent from the Choices program;
   7. (7) nonpayment of parent share of cost;
   8. (8) a parent's failure to report, within 10 days of occurrence, any change in the family's circumstances that would have rendered the family ineligible for subsidized child care;
   9. (9) a suspension of child care services pursuant to §809.51 (related to Child Care during Temporary Interruptions in Work, Education, or Training); or
   10. (10) five consecutive absences and the parent has failed to contact the child care provider or the child care contractor by the end of the fifth authorized day.
3. (c) The cost of providing services during the appeal process is subject to recovery from the parent by the Board, if the appeal decision is rendered against the parent.

Source Note:The provisions of this §809.75 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective September 8, 2008, 33 TexReg 7568; amended to be effective January 8, 2013, 38 TexReg 155.