1. (a) A Board shall ensure that child care subsidies are paid only to:

   1. (1) regulated child care providers as described in §809.2(17);
   2. (2) relative child care providers as described in §809.2(18), subject to the requirements in subsection (e) of this section; or
   3. (3) at the Board option, listed family homes as defined in §809.2(12), subject to the requirements in subsection (b)(2) of this section.

2. (b) For providers listed with DFPS, the following applies:

   1. (1) A Board shall not prohibit a relative child care provider who is listed with DFPS and who meets the minimum requirements of this section from being an eligible relative child care provider.

   2. (2) If a Board chooses to include listed family homes, as defined in §809.2(12), that provide care for children unrelated to the provider, a Board shall ensure that there are in effect, under local law, requirements applicable to the listed family homes designated to protect the health and safety of children. Pursuant to 45 C.F.R. §98.41, the requirements shall include:

      1. (A) the prevention and control of infectious diseases (including immunizations);
      2. (B) building and physical premises safety; and
      3. (C) minimum health and safety training appropriate to the child care setting.

3. (c) Except as provided by the criteria for Texas Rising Star Provider Certification, a Board or the Board's child care contractor shall not place requirements on regulated providers that:

   1. (1) exceed the state licensing requirements stipulated in Texas Human Resources Code, Chapter 42; or
   2. (2) have the effect of monitoring the provider for compliance with state licensing requirements stipulated in Texas Human Resources Code, Chapter 42.
4. (d) When a Board or the Board's child care contractor, in the course of fulfilling its responsibilities, gains knowledge of any possible violation regarding regulatory standards, the Board or its child care contractor shall report the information to the appropriate regulatory agency.

5. (e) For relative child care providers to be eligible for reimbursement for Commission-funded child care services, the following applies:

   1. (1) Relative child care providers caring for a child in the relative's own home, which is not the child's home, shall list with DFPS; however, pursuant to 45 C.F.R. §98.41(e), relative child care providers listed with DFPS shall be exempt from the health and safety requirements of 45 C.F.R. §98.41(a).

   2. (2) For relative child care providers caring for a child in the child's own home (in-home child care), Boards shall ensure that relative child care providers do not appear on the Texas Department of Public Safety's (DPS) Sex Offender Registry, pursuant to Texas Code of Criminal Procedure, Chapter 62, at the following points:

      1. (A) The parent's initial eligibility determination;
      2. (B) The parent's redetermination; and
      3. (C) When the parent transfers the care to a different relative in-home child care provider.

   3. (3) A Board shall allow relative in-home child care for the following:

      1. (A) A child with disabilities as defined in §809.2(6), and his or her siblings;
      2. (B) A child under 18 months of age, and his or her siblings;
      3. (C) A child of a teen parent; and
      4. (D) When the parent's work schedule requires evening, overnight, or weekend child care in which taking the child outside of the child's home would be disruptive to the child.
   4. (4) A Board may allow relative in-home child care for circumstances in which the Board's child care contractor determines and documents that other child care provider arrangements are not available in the community.

Source Note:The provisions of this §809.91 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective June 24, 2007, 32 TexReg 3698; amended to be effective October 18, 2010, 35 TexReg 9359.