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8235 Child Day Care Services

8235.1 For All Child Day Care Cases
8235.11 Definitions

CPS July 2010

Child Care Licensing (CCL) – The division of DFPS responsible for licensing and monitoring licensed child care centers and registered child care homes.

Child care management service (CCMS) agency – Local community service organizations that:

  •  manage contracts with child care vendors in their areas to provide child care that is paid for with federal and state child care funds; and

  •  are administered through contracts with the state’s 28 local workforce development boards.

Designated child day care center – A center that:

  •  contracts with a local child care management service (CCMS) agency;

  •  volunteers to meet a set of program standards that exceeds the minimum standards required by the Child Care Licensing Division (CCL) of DFPS; and

  •  is certified as a Texas Rising Star center.

Full-time employment – Working at least 40 hours a week for a wage or salary. Being a volunteer, student, or providing foster care or kinship care services is not considered employment.

Kinship placement – Placement with a relative or fictive kin when DFPS is the managing conservator of the child. See 6600 Case Planning with Relatives and Other Kinship Caregivers.

Licensed child care operation – A child day care center that provides care:

  •  to children who are younger than 14 years old; and

  •  for fewer than 24 hours at a time.

A licensed operation may be:

  •  a child care center that provides care to more than 13 children; or

  •  a child care home that provides care to at least seven and no more than 12 children at a time.

Licensed operations are required to follow minimum standards for child care and are routinely monitored and inspected. The application process requires that the licensed provider receive orientation and that background checks are conducted.

A license is issued after Licensing staff complete onsite inspections to ensure that minimum standards are met. Operations are inspected every five to 12 months and when a report is received related to child abuse or neglect or standards violations.

Local workforce development boards (LWDB) – Local boards that plan and oversee state and local workforce development programs and job training programs through a contract with the Texas Workforce Commission (TWC). Texas has 28 local workforce development boards, which are located around the state.

TWC contracts with the boards. The boards contract with child care management service (CCMS) agencies. The CCMS agencies authorize payment subsidies or scholarships and manage the network of providers that offer state and federally funded child care.

Licensing status actions – There are three levels of actions that Child Care Licensing (CCL) can take when a child care provider is found to be in noncompliance with state regulatory standards:

1.   Evaluation Corrective Action;

2.   Probation Corrective Action; or

3.   Adverse Action.

See the Licensing Policy and Procedure Handbook:

7410 Definition of Evaluation and Probation

7610 Defining Adverse Action

Non-designated child day care center – A center that contracts with a local child care management service (CCMS) agency and meets the minimum standards set by Child Care Licensing.

Regional day care coordinator – The CPS staff person designated by the region to track the day care slots and day care funds allocated to the region.

Registered child care home – An operation that provides regular care in the caregiver’s own residence for not more than six children from birth through 13 years of age, and may provide care after school hours for not more than six additional elementary school children. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12. See 2200 Types of Child Care Permits and Multiple Operations, Licensing Policy and Procedures Handbook.

Self-arranged child day care – Under certain circumstances explained in 8235 Child Day Care Services and its subitems, foster parents and kinship caregivers may arrange for DFPS-funded child day care themselves by choosing a center that does not have an existing contract with a local child care management service (CCMS) agency.

The following conditions must be met for DFPS to pay for self-arranged child day care:

  •  The child care provider must establish a contract with the CCMS agency in order for DFPS to pay for services.

  •  Providers of self-arranged child day care must be licensed operations or registered child care homes that meet the guidelines in the provider’s monitoring plan for the type of day care being authorized.

  •  The regional day care coordinator must approve all self-arranged child day care before DFPS can pay 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.

Parental Child Safety Placement – A relative or kin caregiver with whom a parent places a child voluntarily during an open CPS case where DFPS is not the managing conservator of the child.

Texas Rising Star– A program authorized by the Texas Workforce Commission (TWC) to encourage day care providers to exceed Licensing’s minimum standards.

Local workforce development boards certify day care providers as Texas Rising Star centers.

To be certified as a Texas Rising Star center, a provider must:

  •  require its workers to take more training in child development, special needs, abuse and neglect indicators, and parent-child dynamics;

  •  maintain a worker-to-child ratio that is higher than the ratio required by DFPS’s Minimum Standard Rules; and

  •  encourage parents to be involved in the program.

Texas Rising Star centers are the designated centers that must be used for General Protective Day Care services. For other requirements, see the definition of designated child day care centers, above.

Texas Workforce Commission (TWC) – The state’s lead agency for overseeing and providing workforce development services to employers and job seekers in Texas.

For employers, TWC offers recruiting, retention, training and retraining, and outplacement services, as well as valuable information on labor law and labor market statistics.

For job seekers, TWC offers career development information and services, including training, job search resources, child care, and transportation, and, as appropriate, unemployment benefits. DFPS has a contract with TWC to provide day care services to its clients.

8235.12 Contracting for Child Day Care

CPS August 2008

DFPS contracts with the Texas Workforce Commission (TWC) for child day care services. TWC then contracts with local workforce development boards, which then subcontract with child-care management service (CCMS) agencies.

CPS workers always communicate with the CPS regional day care coordinator regarding child day care, but they may also communicate with the CCMS agency.

The contract manager or CPS regional day care coordinator can direct a CPS worker to the appropriate CCMS agency.

8235.13 Identifying Available Services

CPS August 2008

The services available to clients vary with each child day care center and type of day care authorized, and may depend on available funding.

The most common services are:

  •  full-day day care (six hours or more);

  •  half-day day care (fewer than six hours);

  •  school-age care (full-time care during spring and summer vacations for children in a full-time school program);

  •  before-and-after school care (only General Protective and Kinship Child Day Care); and

  •  transportation to and from nearby public schools.

Some child day care centers also offer:

  •  infant care;

  •  specialized care for children with special needs;

  •  transportation to and from the home;

  •  night care; and

  •  24-hour care.

In addition, child day care workers are available to:

  •  participate in staffing for case-planning; and

  •  appear in court to provide testimony, when needed.

8235.14 Availability of Funding for Child Day Care Services 

CPS August 2008

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 the consent of DFPS.

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.

8235.15 Authorizing, Adding, Extending, Reauthorizing, Terminating, or Changing Services

CPS August 2008

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

8235.2 General Protective Child Day Care

8235.3 Foster Child Day Care

8235.4 Special Needs Foster Child Day Care

8235.5 Kinship Child Day Care

8235.6 Former CPS Child Day Care — Provided by the Texas Workforce Commission

8235.16 Worker Responsibilities

CPS August 2008

Before Day Care Is Authorized

Before day care is authorized, the worker 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 provide the service, if funding and space are available.

  •  Contact the CPS regional day care coordinator about the availability of funding and the child-care management service (CCMS) agency about the availability of space before authorizing day careservices.

  •  Inform all caregivers that each child day care center requires that forms be completed by the parent or caregiver before day care services are provided. In addition to the forms, all immunizations must be up-to-date. A current TB tine test is also required. A child is not admitted to day care without the immunization record and TB tine test.

After Day Care Is Authorized

After day care is authorized, the worker 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 worker has been unsuccessful in correcting the situation that is causing the absences, the worker terminates the service and 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 management service (CCMS) agency and the child day care center in writing about changes in the client’s circumstances or physical location that might affect service delivery.

  •  Inform all caregivers that DFPS is not responsible for the payment of day care services that eligible children may receive after DFPS withdraws or terminates a service authorization. DFPS cannot and does not pay for days of service received after day care services are terminated.

  •  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 or KDW worker, 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 adoption placement agreement.

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

8235.17 When a Child Care Provider’s Licensing Status Changes

CPS July 2010

When the regional day care coordinator learns that a child receiving DFPS-funded child day care is placed with a child day care provider and the provider’s 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 to alert them 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 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 operation and if it is appropriate for the child to continue to receive child care services from the operation.

  •  After conferring, the worker documents the decision in the case file and includes:

  •  the date the worker conferred; and

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

  •  The worker also must notify 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.

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