Section 809.2 - DefinitionsThe following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Attending a job training or educational program--An individual is attending a job training or educational program if the individual:(A) is considered by the program to be officially enrolled;(B) meets all attendance requirements established by the program; and(C) is making progress toward successful completion of the program as demonstrated through continued enrollment in the program upon eligibility redetermination as described in § 809.42 of this chapter.(2) Child--An individual who meets the general eligibility requirements contained in this chapter for receiving child care services.(3) Child care contractor--The entity or entities under contract with the Board to manage child care services. This includes contractors involved in determining eligibility for child care services, contractors involved in the billing and provider payment process related to child care, as well as contractors involved in the funding of quality improvement activities as described in § 809.16 of this chapter.(4) Child Care Desert--An area described in Texas Labor Code § 302.0461 in which the number of children under age six with working parents is at least three times greater than the capacity of licensed child care providers in the area, based on data published annually by the Commission.(5) Child Care Regulation (CCR)--Division in the Texas Health and Human Services Commission responsible for protecting the health, safety, and well-being of children who attend or reside in regulated child care facilities and homes.(6) Child care services--Child care subsidies and quality improvement activities funded by the Commission.(7) Child care subsidies--Commission-funded child care payments to an eligible child care provider for the direct care of an eligible child.(8) Child experiencing homelessness--A child who is homeless, as defined in the McKinney-Vento Act (42 USC 11434(a)), Subtitle VII-B, §725.(9) Child with disabilities--A child who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities include, but are not limited to, caring for oneself; performing manual tasks; walking; hearing; seeing, speaking, or breathing; learning; and working.(10) Educational program--A program that leads to:(A) a high school diploma;(B) a Certificate of High School Equivalency; or(C) an undergraduate degree from an institution of higher education.(11) Excessive unexplained absences--More than 40 unexplained absences within a 12-month eligibility period as described in § 809.78 of this chapter.(12) Family--Two or more individuals related by blood, marriage, or decree of court, who are living in a single residence and are included in one or more of the following categories: (A) Two individuals, married--including by common-law, and household dependents; or(B) A parent and household dependents.(13) Household dependent--An individual living in the household who is: (A) an adult considered a dependent of the parent for income tax purposes;(B) a child of a teen parent; or(C) a child or other minor living in the household who is the responsibility of the parent.(14) Improper payments--Any payment of Child Care Development Fund (CCDF) funds that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements governing the administration of CCDF grant funds and includes payments:(A) to an ineligible recipient;(B) for an ineligible service;(C) for any duplicate payment; and(D) for services not received.(15) Job training program--A program that provides training or instruction leading to: (C) an occupational or professional certification or license; or(D) the acquisition of technical skills, knowledge, and abilities specific to an occupation.(16) Listed family home--A family home, other than the eligible child's own residence, that is listed, but not licensed or registered with, CCR pursuant to Texas Human Resources Code § 42.052(c).(17) Military deployment--The temporary duty assignment away from the permanent military installation or place of residence for reserve components of the single military parent or the dual military parents. This includes deployed parents in the regular military, military reserves, or National Guard.(18) Parent--An individual who is responsible for the care and supervision of a child and is identified as the child's natural parent, adoptive parent, stepparent, legal guardian, or person standing in loco parentis (as determined in accordance with Commission policies and procedures). Unless otherwise indicated, the term applies to a single parent or both parents.(19) Protective services--Services provided when a child:(A) is at risk of abuse or neglect in the immediate or short-term future and the child's family cannot or will not protect the child without Texas Department of Family and Protective Services (DFPS) Child Protective Services (CPS) intervention;(B) is in the managing conservatorship of DFPS and residing with a relative or a foster parent; or(C) has been provided with protective services by DFPS within the prior six months and requires services to ensure the stability of the family.(20) Provider--A provider is defined as a: (A) regulated child care provider;(B) relative child care provider; or(C) listed family home subject to the requirements in § 809.91(e) of this chapter.(21) Regulated child care provider--A provider caring for an eligible child in a location other than the eligible child's own residence that is: (B) registered with CCR; or(C) operated and monitored by the United States military services.(22) Relative child care provider--An individual who is at least 18 years of age, and is, by marriage, blood relationship, or court decree, the child's: (E) sibling (if the sibling does not reside in the same household as the eligible child).(23) Residing with--Unless otherwise stipulated in this chapter, a child is considered to be residing with the parent when the child is living with, and physically present with, the parent during the time period for which child care services are being requested or received.(24) Teen parent--A teen parent (teen) is an individual 18 years of age or younger, or 19 years of age and attending high school or the equivalent, who has a child.(25) Texas Rising Star program--A quality-based rating system of child care providers participating in Commission-subsidized child care.(26) Texas Rising Star provider--A regulated child care provider meeting the Texas Rising Star program standards. Texas Rising Star providers are:(A) designated as an Entry Level Provider;(B) certified as a Two-Star Provider;(C) certified as a Three-Star Provider; or(D) certified as a Four-Star Provider.(27) Working--Working is defined as:(A) activities for which one receives monetary compensation such as a salary, wages, tips, and commissions;(B) participation in Choices or Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) activities; or(C) engaging in job search at the time of eligibility determination or redetermination as described in § 809.56 of this chapter.40 Tex. Admin. Code § 809.2
The provisions of this §809.2 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155; Amended by Texas Register, Volume 40, Number 07, February 13, 2015, TexReg 719, eff. 2/16/2015; Amended by Texas Register, Volume 41, Number 39, September 23, 2016, TexReg 7572, eff. 10/1/2016; Amended by Texas Register, Volume 43, Number 26, June 29, 2018, TexReg 4482, eff. 8/1/2018; Amended by Texas Register, Volume 44, Number 01, January 4, 2019, TexReg 0115, eff. 1/8/2019; Amended by Texas Register, Volume 46, Number 04, January 22, 2021, TexReg 0605, eff. 1/25/2021; Amended by Texas Register, Volume 47, Number 39, September 30, 2022, TexReg 6459, eff. 10/3/2022; Amended by Texas Register, Volume 49, Number 30, July 26, 2024, TexReg 5545, eff. 7/29/2024