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8235 Child Day Care Services

8235.1 Funding Availability for Child Day Care Services

CPS February 2018

DFPS-funded child day care services are subject to the availability of funding; therefore, services are not guaranteed for any client.

No caregiver may secure DFPS-funded day care without DFPS’s consent.

All caregivers must be informed that:

  •   only DFPS can authorize DFPS-funded day care services; and

  •   DFPS is not responsible for the payment of day care services that eligible children may receive until after DFPS authorizes the services.

DFPS cannot and does not pay for days of service received before day care services were authorized.

8235.2 Authorizing, Adding, Extending, Reauthorizing, Terminating, or Changing Services

CPS February 2018

For details on authorizing, adding, extending, reauthorizing, terminating, or changing services, refer to the section for that service:

8235.3 General Protective Child Day Care

8235.4 Foster Child Day Care

8235.5 Kinship Child Day Care

8235.21 Caseworker Responsibilities

CPS February 2018

Before Day Care Is Authorized

Before day care is authorized, the caseworker must take the following actions:

  •   Inform all caregivers that only DFPS can authorize DFPS-funded day care services and that DFPS is not responsible for the payment of day care services that eligible children may receive until after DFPS authorizes the services. DFPS cannot and does not pay for days of service received before day care services were authorized.

  •   Obtain approval from the supervisor to request the service.

  •   Inform all caregivers that they must follow any center admission or enrollment requirement before day care services are provided. All immunizations must be up-to-date.

After Day Care Is Authorized

After day care is authorized, the caseworker must take the following actions:

  •   Maintain contact with the child day care center to verify that the service is being used. If the child is absent excessively, and the caseworker has been unsuccessful in correcting the situation that is causing the absences, the caseworker notifies the regional day care coordinator immediately. In most child day care centers, CPS must pay for the absences to maintain the child’s space.

  •   Notify the child care service (CCS) agency and the child day care center in writing about changes in the client’s circumstances or physical location that might affect service delivery.

  •   Maintain regular contact with the foster/adoptive home development (FAD) worker or kinship development worker (KDW) to address the eligibility criteria for day care.

  •   Contact the FAD worker or KDW, as applicable, when loss, reduction, or denial of a child’s day care plan affects the child’s placement.

  •   Inform the foster or kinship family that Foster or Kinship Child Day Care ends when the family signs an adoptive placement agreement.

  •   When the family signs an adoptive placement agreement, notify the day care liaison about the foster or kinship family’s ineligibility for day care and provide an end-date for the service authorization to the regional day care coordinator.

8235.22 When a Child Care Provider’s Licensing Status Changes

CPS February 2018

When the regional day care coordinator learns that a child receiving DFPS-funded child day care is placed with a child day care provider whose licensing status has changed to evaluation status, probationary status, or adverse action, he or she must notify the CPS caseworker and supervisor responsible for the child’s case about the change in licensing status.

Based on licensing status changes, the following actions must be taken when considering the enrollment of children with child day care providers:

  •   CPS staff may not authorize new enrollments of children with child care providers on evaluation status, probationary status or adverse action.

  •   For children currently enrolled with a child care provider on evaluation status or probationary status, the CPS caseworker and supervisor confer with the program director to determine if the child’s needs are being met by the provider and if it is appropriate for the child to continue to receive child care services from the provider.

  •   After conferring, the caseworker ensures the decision is documented in the case file and includes:

  •   the date the caseworker conferred; and

  •   the name and title of the supervisory staff approving the decision.

  •   The caseworker notifies the regional day care coordinator about the decision.

  •   For children currently enrolled with a child care provider on adverse action, the child’s enrollment must be terminated.

8235.3 General Protective Child Day Care

CPS February 2018

A CPS caseworker may request General Protective Child Day Care for children only to:

  •   provide for immediate or short-term safety from abuse and neglect;

  •   prevent the child from being removed from the home;

  •   allow the child to be reunited with the family;

  •   address the developmental needs of a child whose physical, social, emotional, cognitive, or language developmental delay is a significant factor in the risk of abuse or neglect in the home;

  •   help stabilize the family;

  •   maintain a child who is not in the conservatorship of DFPS in a parental child safety placement with relatives or kin; or

  •   maintain the placement of a child in DFPS conservatorship with a kinship caregiver who does not meet the eligibility criteria for Kinship Child Day Care, but only if approved by the CPS program administrator or a designee other than the CPS regional day care coordinator. See 8235.51 Determining Eligibility.

8235.31 Determining Eligibility

CPS February 2018

To be eligible for General Protective Day Care the child must be:

  •   part of an open CPS case, but not in paid substitute care;

  •   12 years old or younger, or 13 years old or younger and have a documented disability; and

  •   placed with parents,

  •   placed with relatives or kin, voluntarily (such as a PCSP); or

  •   be in DFPS conservatorship, in a kinship placement that does not meet the eligibility criteria for Kinship Child Day Care and who are not verified foster parents. See 8235.51 Determining Eligibility.

General Protective Day Care for children in kinship placements must be approved through the CPS program administrator or a designee other than the CPS regional day care coordinator. Approval must be given on a case-by-case basis.

8235.32 Types of Centers That May Be Used

CPS February 2018

For General Protective Child Day Care, the CPS caseworker may use only licensed child day care centers contracted through the local child care service (CCS) agency. Self-arranged care may not be used.

See 8235.22 When a Child Care Provider’s Licensing Status Changes.

8235.33 Resolving Issues of Space

CPS February 2018

The provision of General Protective Day Care is dependent on available funding; therefore, the spending of funds is monitored. If there is not funding to fill all requests for General Protective Day Care, CPS staff in the CPS state office collaborate with regional staff to help prioritize available funding.

8235.34 Authorizing, Reauthorizing, and Terminating Services

CPS February 2018

Authorizing and Reauthorizing Services

Authorized staff completes a day care request in the Service Authorization tab of the IMPACT case for the client and submits the request to their supervisor. In some instances, additional approvals may be required, as outlined below in Time Frames and Approvals for Services.

After the appropriate regional manager approves the request, the regional manager submits the request to the CPS regional day care coordinator for review and approval in IMPACT.

Once day care services are approved by the CPS regional day care coordinator, the coordinator generates Form 2054 Service Authorization in IMPACT and forwards the Form 2054 Service Authorization to the appropriate child care agency.

Form 2054 must be approved and sent to the appropriate child care service agency before clients use day care services.

Time Frames and Approvals for Services

The initial authorization for General Protective Day Care may be approved for up to 12 months.

The renewal may be approved for up to 12 months but must have program administrator (PA) approval.

When a child placed with a kinship caregiver receives General Protective Day Care, the PA must be the final approver each time the service is authorized.

Terminating Services

General Protective Child Day Care may be terminated before the end date on Form 2054 Service Authorization due to case closure, removal of the child from the home, or at the request of the caregiver. Appropriate staff must, within 24 hours, notify the CPS regional day care coordinator who will terminate the service and notify the local child care service agency (CCS) of the early termination of service.

8235.4 Foster Child Day Care

CPS February 2018

A caseworker may request day care for a Title IV-E or non-Title IV-E eligible foster child when the child’s billing service level is Basic and the child is placed in a foster home with foster parents who are employed and work at least 40 hours per week.

Foster Child Day Care is limited to providing daily supervision only:

  •   during the foster parents’ work hours; or

  •   while the foster parents are attending:

  •   judicial reviews,

  •   case conferences, or

  •   foster parent training.

As funding permits, DFPS provides full-time foster day care services during spring break and summer vacation for children who attend a full-time school program. Foster parents must meet the employment eligibility criteria.

Foster Child Day Care is not authorized for:

  •   full-time day care during school holidays;

  •   teacher in-service days;

  •   inclement-weather days;

  •   short breaks between semesters in a year-round school program;

  •   part-time care; and

  •   before- or after-school care.

8235.41 Determining Eligibility

CPS February 2018

Before recommending foster day care services be paid by DFPS, staff and employed foster parents must verify that they have attempted to access appropriate community services to care for the child, such as Head Start, pre-kindergarten classes, public (government-funded) pre-kindergarten classes, and early education programs offered through the local schools. If a child is eligible for community day care type services, but no services are available, the caregiver must place the child on any applicable waiting list.

The requesting caregivers must complete and sign Form 1809 Foster/Relative & Other Designated Caregiver Daycare Verification. Authorized staff submits the form to the CPS regional day care coordinator before services can be authorized. In addition to Form 1809, the CPS staff requesting the service authorization is responsible for obtaining employment verification from the caregiver. Acceptable verification includes copies of the caregiver’s last three pay stubs, a statement from the employer attesting to being employed full-time for 40 hours a week, or in the case of self-employment, a completed Form 1806 Caregiver Statement of Self-Employment Income.

Criteria for the Child

The eligibility criteria for Title IV-E and non-Title IV-E Foster Child Day Care require that the child:

  •   be identified as eligible or ineligible for Title IV-E services by a foster care eligibility specialist;

  •   be in the managing conservatorship of DFPS;

  •   be at a Basic billing service level;

  •   not be in adoptive placement (see When a Child Is Being Placed in Adoption);

  •   have no other available type of day care provided by the community, such as, but not limited to, Head Start, pre-kindergarten classes, public (government-funded) pre-kindergarten classes, and early education programs offered through the local schools. The unavailability of care must be verifiable;

  •   be 12 years old or younger or be 13 years old or younger and have a documented disability; and

  •   be placed within a foster home where all caregivers are employed full-time or be a child of a parent who is a minor and is in foster care. The child of a minor parent must:

  •   not be in the conservatorship of DFPS;

  •   reside with the minor parent in a foster home where all caregivers are employed full-time;

  •   receive primary care from the minor parent outside school hours;

  •   need child day care to allow the minor parent to remain in school and complete the minor parent’s educational goals; and

  •   have 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 (as verified by CPS staff).

If, at any time, a child’s billing service level increases from Basic, day care is provided for 60 days after the date of the change in billing service level or until the current service authorization ends, whichever is earliest. Eligibility for day care cannot be extended or renewed for a child with a service level higher than Basic, unless the billing service level decreases to a Basic billing service level and all other eligibility requirements are met.

When a Child Is Being Placed In Adoption

The caseworker must inform the foster family that Foster Child Day Care ends when the foster family signs an adoptive placement agreement. Once the agreement is signed, the caseworker notifies the regional day care coordinator of the date that the family is no longer eligible for Foster Child Day Care.

Waiving the Eligibility Criteria for Good Cause

The associate commissioner for CPS has the authority to waive the eligibility provisions for good cause. The CPS program administrator or designee may request a waiver for good cause on a case-by-case basis.

8235.42 Types of Day Care Centers That May Be Used

CPS February 2018

Subject to the provisions below, foster parents may use any licensed child day care centers or registered child care homes that are contracted through the local child care service (CCS) agency, or use self-arranged child day care.

DFPS cannot and does not pay for child day care services provided by the child’s foster parent.

CCS Contracted Care

See 8235.22 When a Child Care Provider’s Licensing Status Changes

Self-Arranged Care

Foster parents may also choose to use self-arranged care.

The provider of self-arranged care must be a licensed child care operation or a registered child care home.

If the foster parents choose self-arranged child day care, they must contact the child’s caseworker or the foster/adoptive home development (FAD) worker to ensure that the care is authorized by DFPS and will be paid.

The self-arranged provider must contract with the CCS agency to be paid for services. If a provider’s rates exceed what is allowed by the DFPS contract with the Texas Workforce Commission, the caregiver must pay the difference in rates.

If the day care will be authorized and paid, the caseworker follows the procedures in 8235.44 Authorizing, Reauthorizing, and Terminating Services.

See 8235.22 When a Child Care Provider’s Licensing Status Changes.

8235.43 Resolving Issues of Space

CPS February 2018

The provision of Foster Child Day Care is dependent on available funding; therefore, the spending of funds is monitored. If there is not enough funding to fill all requests for Foster Child Day Care, CPS staff in CPS state office collaborate with regional staff to prioritize available funding.

8235.44 Authorizing, Reauthorizing, and Terminating Services

CPS February 2018

Authorizing and Reauthorizing Services

Authorized staff completes a day care request in the Service Authorization tab of the IMPACT case for the client and submits the request to their supervisor. In some instances, additional approvals may be required, as outlined below in Time Frames for Services.

After the appropriate regional manager approves the request, it is sent by email to the CPS regional day care coordinator for review and approval.

If day care services are approved by the CPS regional day care coordinator to authorize payment for services, the CPS regional day care coordinator generates Form 2054 Service Authorization in IMPACT and forwards it to the appropriate child care agency.

Form 2054 must be approved and sent to the appropriate child care service agency before clients use day care services.

Time Frames for Services

The initial service authorization for Title IV-E and non-Title IV-E Foster Child Day Care may be approved for a maximum of 12 months.

Subsequent service authorizations for cases in which the child meets all of the eligibility requirements for Title IV-E or non-Title IV-E Foster Child Day Care may be approved for a maximum of 12 months.

If, at any time, a child’s billing service level increases from Basic, day care is provided for 60 days after the date of the change in billing service level or until the current authorization ends, whichever is earliest. Eligibility for day care cannot be extended or renewed for a child with a service level higher than Basic, unless the billing service level decreases to a Basic billing service level and all other eligibility requirements are met.

Terminating Services

If Foster Child Day Care is terminated before the end date on Form 2054 Service Authorization, the caseworker must, within 24 hours, notify the CPS regional day care coordinator who will terminate the service and notify the CCS of the early termination of service.

8235.5 Kinship Child Day Care

CPS February 2018

Authorized staff may request Kinship Child Day Care for a child in DFPS conservatorship who is placed with kinship caregivers if:

  •   CPS has an approved kinship home assessment on file (the caregivers are not verified or licensed foster care providers);

  •   the caregivers have signed Form 0695 Kinship Caregiver Agreement; and

  •   the caregivers are employed and work at least 40 hours per week.

All eligibility requirements listed in 8235.51 Determining Eligibility must be met without exception.

Kinship Child Day Care is limited to providing daily supervision only:

  •   during the kinship caregivers’ work hours; or

  •   while the kinship caregivers are attending:

  •   judicial reviews,

  •   case conferences, or

  •   kinship caregiver training.

As funding permits, DFPS provides:

  •   full-time Kinship Child Day Care services during spring break and summer vacation for children who attend school full-time; and

  •   after-school day care for children in kinship placements.

Children Not in DFPS Conservatorship

Day care services for children who are not in DFPS conservatorship and are in parental child safety placements with relatives or fictive kin must be paid for using General Protective Day Care funds. See 8235.3 General Protective Child Day Care.

8235.51 Determining Eligibility

CPS February 2018

Before recommending kinship day care services be paid by DFPS, staff and employed foster parents must verify that they have attempted to access appropriate community services to care for the child, such as Head Start, pre-kindergarten classes, public (government-funded) pre-kindergarten classes, and early education programs offered through the local schools. If a child is eligible for community day care type services, but no services are available, the caregiver must place the child on the waiting list.

The requesting caregivers must complete and sign Form 1809 Foster/Relative & Other Designated Caregiver Daycare Verification. Authorized staff submits the form to the regional day care coordinator before services can be authorized. In addition to Form 1809, the CPS staff requesting the service authorization is responsible for obtaining employment verification from the caregiver. Acceptable verification includes copies of the caregiver’s last three pay stubs, a statement from the employer attesting to being employed full-time for 40 hours a week, or in the case of self-employment, a completed Form 1806 Caregiver Statement of Self-Employment Income.

Criteria for the Child

To be eligible for Kinship Child Day Care the child must:

  •   be in DFPS conservatorship;

  •   be placed in a kinship placement where all appropriate caregivers are employed and work at least 40 hours per week;

  •   be 13 years old or younger, or be under 18 years of age if the child has a developmental delay (including physical, emotional, and cognitive or language) or a physical disability; and

  •   not be receiving adoption assistance.

The caseworker must inform the kinship family that Kinship Child Day Care ends when a kinship family signs an adoptive placement agreement. Once an adoptive placement agreement is signed, the caseworker must notify the regional day care coordinator and provide the date that the family is no longer eligible for Kinship Child Day Care

Criteria for the Caregivers

The caregivers must:

  •   be related to the child or have a longstanding and significant relationship with the child or family;

  •   be formally approved by DFPS as kinship caregivers;

  •   sign and abide by Form 0695 Kinship Caregiver Agreement;

  •   not be a licensed or verified foster home or foster group home;

  •   be residents of Texas; and

  •   be employed outside the home and work at least 40 hours per week.

Texas Family Code §264.755

DFPS Rules, 40 TAC §§700.1003; 700.1013

DFPS provides Kinship Child Day Care only to kinship caregivers and children who meet all of the eligibility requirements listed above.

If eligibility requirements are not met, the child may be eligible to receive General Protective Day Care. See 8235.3 General Protective Child Day Care.

8235.52 Types of Centers That May Be Used

CPS February 2018

Kinship caregivers may use:

  •   any licensed child day care operations or registered child care homes that are contracted through the local child care service (CCS) agency, both designated and non-designated; or

  •   self-arranged child day care.

CCS Contracted Care

The provider must be a licensed child care operation or a registered child care home.

See 8235.22 When a Child Care Provider’s Licensing Status Changes

Self-Arranged Care

Approved kinship caregivers may also choose to use self-arranged care.

The provider of self-arranged care must be a licensed child care operation or a registered child care home. The provider must not be on evaluation status, probationary status, or adverse action.

If kinship caregivers choose self-arranged child day care, they must contact the child’s caseworker or the kinship development worker to ensure that the care is authorized by DFPS and will be paid.

The self-arranged provider must contract with the CCS agency to be paid for services. If a provider’s rates exceed what is allowed by the DFPS contract with the Texas Workforce Commission, the caregiver must pay for the difference in rates.

See 8235.22 When a Child Care Provider’s Licensing Status Changes.

If the day care will be authorized and paid, the caseworker follows the procedures in 8235.54 Initiating, Authorizing, Reauthorizing, and Terminating Services.

8235.53 Resolving Issues of Space

CPS February 2018

The provision of Kinship Child Day Care is dependent on available funding; therefore, the spending of funds is monitored. If there is not enough funding to fill all requests for Kinship Child Day Care, CPS staff in CPS state office collaborate with regional staff to prioritize available funding.

When budgetary constraints require it, CPS regional day care coordinators provide services using an established priority system.

The priority system is based on need and requires that:

  •   DFPS determine that the provision of child care services is critical to maintaining the placement of the child with the caregiver; and

  •   at least one child placed by DFPS is under six years of age, or at least one child placed by DFPS has a developmental delay (including physical, emotional, and cognitive or language) or a physical disability.

DFPS Rules, 40 TAC §700.1013

8235.54 Initiating, Authorizing, Reauthorizing, and Terminating Services

CPS February 2018

Initiating, Authorizing, and Reauthorizing Services

Authorized staff completes a day care request in the Service Authorization tab of the IMPACT case for the client and submits the request to their supervisor. In some instances, additional approvals may be required, as outlined below in Time Frames for Services.

After the appropriate regional manager approves the request, the regional manager submits the request to the CPS regional day care coordinator for review and approval.

Once the CPS regional day care coordinator approves day care services, the coordinator generates Form 2054 Service Authorization in IMPACT and forwards it to the appropriate child care services agency.

Form 2054 must be approved and sent to the appropriate child care service (CCS) agency before clients use day care services.

Time Frames for Services

The initial service authorization for Kinship Child Day Care is limited to a maximum of 12 months.

Subsequent service authorizations for cases in which the child meets all of the eligibility requirements for Kinship Child Day Care may be approved for a maximum of 12 months.

If the child or the kinship caregiver no longer meets the eligibility requirements for Kinship Child Day Care, the caseworker must notify the day care coordinator to determine whether the child is eligible for another type of day care service.

Terminating Services

If Kinship Child Day Care is terminated before the end date on Form 2054 Service Authorization, authorized staff must, within 24 hours, notify the CPS regional day care coordinator who will terminate the service and notify the CCS of the early termination of service.

8235.6 Regional Day Care Coordinator Responsibilities

CPS February 2018

Regional day care coordinators:

  •   handle program-related duties;

  •   handle fiscal responsibilities; and

  •   coordinate with local child care service (CCS) agencies.

8235.61 Handling Program-Related Duties

CPS February 2018

The regional day care coordinator ensures that child day care is provided to clients according to CPS policy, program priorities, and the approved allocation of regional resources.

Specifically, the regional day care coordinator must:

  •   confirm that the child day care is provided to clients according to policy and regional priorities;

  •   process and validate information on approved day care requests and generate Form 2054 and submit it to the appropriate child care service (CCS) agency:

  •   review Form 1809 Foster/Relative & Other Designated Caregiver Daycare Verification to verify that the foster parents sought and could not find appropriate day care services through community resources, such as Head Start, pre-kindergarten, public (government-funded) pre-kindergarten, and early education programs offered through local schools, before approving day care services through DFPS;

  •   apply procedures regarding the length of time for which child day care is being approved initially;

  •   establish and maintain procedures for renewing or extending child day care services;

  •   establish and maintain communication with the foster home’s development staff and consult with them on requests for child day care;

  •   develop and maintain contacts with local CCS agencies and serve as the contact between CPS, CCS agencies, and the designated CCS centers;

  •   initiate quarterly meetings with the local CCS agency staff as appropriate;

  •   maintain contact with the person tracking fiscal expenditures, if that person is someone other than the regional liaison for child day care;

  •   maintain a waiting list to manage authorizations and referrals for child day care that cannot be approved immediately because of limited resources (work with appropriate staff to prioritize referrals); and

  •   inform regional administrative and state office staff about the provision of child care and any unmet needs.

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