1. (a) The eligibility criteria set forth in this chapter are based primarily on the federal and state funding limitations. Nothing in this chapter shall be applied in a manner that conflicts with those limitations and the limitations contained in the use-of-funds provisions in the Commission's child care allocation rule contained in Subchapter B of Chapter 800 of this title (relating to Allocations and Funding).

2. (b) For a child to be eligible for child care services, the child's parents shall:

   1. (1) have a total gross income that does not exceed 85% of the state median income for a family of the same size;
   2. (2) require child care to work or participate in training or education activities;
   3. (3) need the child care for a child under thirteen years of age, unless a different age requirement is indicated in the applicable eligibility rule contained in this chapter; and
   4. (4) have met the Choices requirements as specified in Chapter 811, or be determined by the Board to need child care to comply with those requirements, if the child's parent is a TANF recipient subject to those requirements.
3. (c) For purposes of this chapter, child care is needed to support participation in education for a limited time as determined by the Board.

Source Note:The provisions of this §809.92 adopted to be effective February 11, 1999, 24 TexReg 800; amended to be effective June 30, 2002, 27 TexReg 5527.