(a) To the extent funds are available, DFPS may provide special needs foster child day care services for authorized purposes to a foster parent if the child:      
        (1) meets all eligibility requirements in §700.332 of this title (relating to Eligibility for Foster Care Day Care Services);       
        (2) is placed in a foster family or foster group home;       
        (3) has a billing service level of Basic or receives an approved waiver of the required basic service level through the regional day care coordinator;       
        (4) is age 5 or younger;       
        (5) has been diagnosed by a professional as having a developmental delay, which is documented in the case record, in at least one of the following areas: physical, social, emotional, cognitive or language development; and       
        (6) has a service plan that specifies:                  (A) the need for therapeutic or habilitative child day care; and                   (B) how therapeutic child day care will meet specific needs related to the child's developmental delays that cannot be met by the foster parents.         
      (b) DFPS pays for special needs foster child day care only in licensed child-care centers and registered child-care homes that are contracted through the local child care management service agency, provide services beyond basic supervision, and are certified to provide care for children with special needs.     
     Source Note:        The provisions of this §700.334 adopted to be effective January 19, 2017, 42 TexReg 874