(a) In this subchapter, the following terms have the following meanings:
  (1) "Day care" means the assessment, care, training, education, custody, treatment, or supervision of a foster child by a person other than the child's foster parent for less than 24 hours a day, but at least two hours a day, three or more days a week.
  (2) "Emergency placement that is in the child's best interest" means that despite the exercise of reasonable diligence, compliance with the Department's verification process regarding the availability of community day care resources would interfere with a placement that is in the child's best interest.
  (3) "School-aged child" means a child who has reached the age of 6 by September 1 of the current year or who enrolls in school and reaches the age of 6 during the school year.
(b) To the extent funds are available and in accordance with any priority system established under subsection (e) of this section, DFPS may provide day care for authorized purposes to a foster parent if:
  (1) the child is 13 years or younger and either:
    (A) placed in a foster family home or foster group home where each foster parent in the home works outside the home 40 hours per week or more; or
    (B) the child of a parent who is a minor in foster care if the child:
      (i) is not in the conservatorship of DFPS;
      (ii) resides with the child's minor parent in a foster home where all caregivers are employed full-time;
      (iii) receives primary care from the minor parent outside of school hours;
      (iv) needs day care to allow the minor parent to remain in school and complete the minor parent's educational goals; and
      (v) has a minor parent who is unable to access child care through a Texas Workforce Commission work or training program or through a school-based operation.
  (2) the foster parent is a resident of Texas;
  (3) the child's service level is basic;
  (4) the child is in DFPS' managing conservatorship and not in an adoptive placement; and
  (5) there is no other available type of day care provided by the community, and the foster parent verifies in writing that the foster parent has attempted to find appropriate day care services for the child through community services, including:
    (A) Head Start programs;
    (B) Prekindergarten classes;
    (C) Early education programs offered in public schools; and
    (D) Any other available and appropriate resources in the foster parent's community.
(c) Day care for foster parents is authorized for the purpose of providing daily supervision:
  (1) during the foster parents' work hours; or
  (2) while the foster parents are attending judicial reviews, case conferences, or foster parent training.
(d) Day care for foster parents is not authorized for the following:
  (1) full-time day care during school holidays;
  (2) teacher in-service days;
  (3) inclement-weather days;
  (4) short breaks between semesters in a year-round school program;
  (5) part-time care; or
  (6) after-school care for school-aged children.
(e) To monitor the spending of funds, a priority system among foster parents will also be established in policy. The priority system will be based upon need, but at a minimum will require:
  (1) a determination by DFPS that the provision of day care is critical to maintaining the placement of the child with the foster parent; and
  (2) at least one child placed by DFPS:
    (A) is under six years of age; or
    (B) has a developmental delay (including physical, emotional, and cognitive or language) or physical disability.
(f) Notwithstanding any other provision of this section, if DFPS determines that requiring the written verification of a foster parent's attempts to find appropriate community day care services would prevent an emergency placement in the child's best interest, DFPS may waive the submission of the written verification of the foster parent's attempts. DFPS is authorized to require the submission of the written verification at any point following the initial authorization of day care services.
(g) The Associate Commissioner for Child Protective Services, the Associate Commissioner for Child Protective Investigations, or the Associate Commissioners' designees, may grant a good cause waiver of any of the requirements in subsection (b) or (d) of this section, if that person determines that:
  (1) the placement cannot be sustained or is unlikely to be sustained if the foster parent cannot receive day care;
  (2) there is no reasonable alternative to the provision of day care, such as a change in working hours; and
  (3) day care services are only authorized in increments that are commensurate with the hours and days the foster parent and caregivers must be outside the home for employment.
(h) For a child who becomes ineligible during the term of a prior authorization, DFPS may in its discretion permit day care to continue through the end of the previously authorized period.
(i) DFPS pays for day care only in licensed child care centers and registered child care homes that are contracted through the local child care management service agency, unless care is self-arranged and DFPS gives prior approval to pay day care in the arrangement.

Source Note: The provisions of this §700.332 adopted to be effective March 1, 2014, 39 TexReg 1174; amended to be effective January 19, 2017, 42 TexReg 84; amended to be effective February 2, 2021, 46 TexReg 839