1. (a) For a provider placed on probation corrective action (probationary status) by CCL, Boards shall ensure that:

   1. (1) parents with children in Commission-funded child care are notified in writing of the provider's probationary status no later than five business days after receiving notification from the Agency of CCL's decision to place the provider on probationary status; and
   2. (2) no new referrals are made to the provider while on probationary status.
2. (b) A parent receiving notification of a provider's probationary status with CCL pursuant to subsection (a) of this section may transfer the child to another eligible provider without being subject to the Board transfer policies described in §809.71(3) if the parent requests the transfer within 14 calendar days of receiving such notification.
3. (c) For a provider placed on probationary status by CCL, Boards shall ensure that the provider is not reimbursed at the Boards' enhanced reimbursement rates described in §809.20 while on probationary status.

4. (d) For a provider against whom CCL is taking adverse action, Boards shall ensure that:

   1. (1) parents with children enrolled in Commission-funded child care are notified no later than two business days after receiving notification from the Agency that CCL intends to take adverse action against the provider;
   2. (2) children enrolled in Commission-funded child care with the provider are transferred to another eligible provider no later than five business days after receiving notification from the Agency that CCL intends to take adverse action against the provider; and
   3. (3) no new referrals for Commission-funded child care are made to the provider while CCL is taking adverse action.
5. (e) For adverse actions in which CCL has determined that the provider poses an immediate risk to the health or safety of children and cannot operate pending appeal of the adverse action, but for which there is a valid court order that overturns CCL's determination and allows the provider to operate pending administrative review or appeal, Boards shall take action consistent with subsection (d) of this section.

Source Note:The provisions of this §809.94 adopted to be effective June 22, 2009, 34 TexReg 4201; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective July 6, 2020, 45 TexReg 4528.