(a) Except for a child receiving or needing protective services as described in §809.49 of this chapter, for a child to be eligible to receive child care services, at the time of eligibility determination or redetermination, a Board shall ensure that the child:
(1) meets one of the following age requirements:
(2) is a United States citizen or legal immigrant as determined under applicable federal laws, regulations, and guidelines; and
(3) resides with:
(b) A Board shall ensure that child care services while the parent is enrolled full-time in a postsecondary undergraduate educational program is provided for, but does not exceed, a cumulative total of 60 months.
(c) A Board may establish a policy to allow parents attending a program that leads to an undergraduate degree from an institution of higher education to be exempt from residing with the child as defined in §809.2 of this chapter.
Source Note: The provisions of this §809.41 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective June 22, 2009, 34 TexReg 4197; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective October 3, 2022, 47 TexReg 6437