1. (a) For a provider placed on evaluation corrective action (evaluation status) by DFPS, Boards shall ensure that:

   1. (1) parents with children enrolled in Commission-funded child care are notified in writing of the provider's evaluation status no later than five business days after receiving notification from the Agency of DFPS' decision to place the provider on evaluation status; and
   2. (2) parents choosing to enroll children in Commission-funded child care with the provider are notified in writing of the provider's evaluation status prior to enrolling the children with the provider.

2. (b) For a provider placed on probation corrective action (probationary status) by DFPS, 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 DFPS' decision to place the provider on probationary status; and
   2. (2) no new referrals are made to the provider while on probationary status.
3. (c) A parent receiving notification of a provider's evaluation or probationary status with DFPS pursuant to subsections (a) and (b) of this section may choose to continue the enrollment of a child with the provider if the parent signs and returns to the Board's child care contractor within 10 business days of receiving such notification a written acknowledgment that the parent is aware of the provider's status with DFPS, but chooses to enroll the child with the provider.
4. (d) For a provider placed on evaluation or probationary status by DFPS, Boards shall ensure that the provider is not reimbursed at the Boards' enhanced reimbursement rates described in §809.20 while on evaluation or probationary status.

5. (e) For a provider against whom DFPS 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 DFPS 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 DFPS 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 DFPS is taking adverse action.
6. (f) For adverse actions in which DFPS 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 DFPS' determination and allows the provider to operate pending administrative review or appeal, Boards shall take action consistent with subsection (e) of this section.

Source Note:The provisions of this §809.94 adopted to be effective June 22, 2009, 34 TexReg 4201.