D-701: General Requirements

Workforce Development Boards (Boards) must ensure the following:

  • Determinations of eligibility for children in protective services are performed by the Texas Department of Family and Protective Services (DFPS) Child Protective Services (CPS). 
  • Child care continues as long as authorized and funded by DFPS
  • DFPS requests for specific eligible providers for children in protective services must be implemented, including for children of foster parents when the foster parent is the owner, director, assistant director, or other individual with an ownership interest in the provider.

Boards must be aware that DFPS can authorize child care for a child under court supervision up to age 19.

- Rule Reference: §809.49

Boards must be aware that children receiving child care under DFPS General Protective services are subject to the 12-month eligibility requirement. When DFPS General Protective services end prior to 12 months of services, the Board must ensure that the child is eligible for Board-funded Former DFPS child care for the duration of the 12-month eligibility period.

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D-702: In Loco Parentis for CPS Child Care

Workforce Development Boards must be aware that individuals for whom child care is authorized by the Texas Department of Family and Protective Services Child Protective Services are assumed to meet the requirements for individuals standing in loco parentis.

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D-703: Priority for Children in Protective Services

Workforce Development Boards (Boards) must be aware that Texas Workforce Commission (TWC) rule §809.43(a)(2), detailed in B-402: Second Priority Group – Subject to Availability of Funds, establishes a second priority group for child care subject to the availability of funds and includes children whose care is funded by the Department of Family and Protective Services (DFPS) and who need to receive protective services child care as referenced in D-700: Child Care for Children in Protective Services

Note: As described in B-402, “Subject to the availability of funds” refers to the availability of DFPS funds.

Boards must be aware that if child care is not funded by DFPS, then the child care is not included in the second priority group described in B-402: Second Priority Group – Subject to Availability of Funds

However, Boards may include children in protective services whose child care is not funded by DFPS in the Board-designated third priority group established by TWC rule §809.43(a)(3), as detailed in B-403: Third Priority – Board Determined.

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D-704: Authorizations of Care for Children in Protective Services

Workforce Development Boards (Boards) must be aware that the Texas Department of Family and Protective Services (DFPS) has requested that Boards do not process child care payments for children with open DFPS cases without a properly authorized DFPS Form 2054 (Service Authorization).  DFPS has requested that Boards inform child care providers not to provide child care services to any child until they receive an approved Form 2054 from a Board's child care contractor. 

Boards must be aware that DFPS will not authorize a backdated Form 2054, and verbal authorizations by CPS are not allowed. 

Therefore, for children in care without a properly authorized Form 2054, Boards must ensure that payment is not approved and providers are not reimbursed for services provided before appropriate staff receives an approved Form 2054 from the Board’s child care contractor. 

Boards also must be aware that child care services provided without an approved Form 2054 will not be paid. 

Within three business days from receipt of a completed DFPS authorization for child care services, Boards must ensure that the child care contractor does one of the following:

  • Completes the authorization request
  • Contacts the DFPS regional day care coordinator (RDCC) with information regarding any delays in completing the authorization and, if applicable, requests for assistance from the RDCC in completing the authorization request 

The Workforce Information System of Texas (TWIST)

Boards must ensure that authorizations for DFPS child care services entered into TWIST reflect exactly the following Form 2054 information:

  • Authorization Begin, End or Termination dates
  • DFPS Referral Type Code as follows:
  • Child’s First Name and Last Name (do not include a suffix, for example, Jr. or II)
  • Child’s Date of Birth
  • Child’s SSN, if available
  • Child’s Personal Identification Number
  • Case Owner’s First Name and Last Name
  • Case Owner’s SSN, if available

D-704.a: Required Information for DFPS Customers

Boards must ensure that DFPS customers receive the following child care services information:

  • The parent rights listed in the TWC Sample Parent Rights form
  • Parent Agreement to Report Attendance (signature not required for DFPS customers), which must contain, at a minimum, the following:
  • Information on the attendance standards that the parent agrees to follow and the consequences for not meeting the standards
  • Information on attendance reporting and CCAA cardholder responsibilities
  • Information about selecting a provider
  • Information about developmental screenings

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D-705:​ CPS Child Care Early Terminations Reports

Workforce Development Boards (Boards) must ensure that child care contractors:

  • Establish a distribution list under a single email address (for example, “CPSauthorizations@wfsolutions.com”) to be used only for receipt of the daily Early Terminations report
  • Include on the email distribution list child care contractor staff responsible for ensuring timely termination of Texas Department of Family and Protective Services (DFPS)-funded child care services
  • Give the email address to the Board’s assigned DFPS Regional Day Care Coordinator (RDCC)

Boards must ensure that the child care contractor informs the RDCC within 48 hours of any change in the email address.

Boards must be aware that DFPS will send a password-protected email containing the Early Terminations report to the email addresses established by Board child care contractors. 

If a child care contractor does not receive the Early Terminations report by 11:00 a.m., it is recommended that Boards have contractors contact the RDCC regarding the status of the report.

Boards must be aware that the Early Terminations report lists new termination dates as the “New Term Date.”  

Boards must ensure that on receipt of the Early Terminations report, child care contractors end the DFPS-funded child care services on the New Term Date or within two business days of receipt of the report, as follows:

  • If the New Term Date is later than the second business day after receipt of the report, then services must end on the New Term Date.
  • If the New Term Date is within two business days of receipt of the report, services must end no later than the second business day following receipt of the report.
  • If the New Term Date is prior to receipt of the report, services must end within two business days of receiving the report.  
  • ​The following standard reasons for early terminations will appear in the comments section of the Early Terminations Report. Boards must ensure that staff take the appropriate action for each General Protective (GP) early termination:

Early Termination Comment

Child Care Staff Actions

Case Open, Voluntary Withdrawal

  • Terminate child care services

Case Open, Caregiver Change

  • Terminate child care services under previous GP caregiver
  • Open new GP child care services under new caregiver

Case Open, Pending Provider Change

  • End referral at current provider
  • Keep case and TWIST Program Detail open pending new provider information

Case Closed, Move to Former

  • Terminate child care services under GP
  • Open new child care services under Former DFPS

Case Closed, Move to General Protective

  • Terminate child care services under current DFPS case
  • Open new child care services under GP

Case Closed, Move to Foster

  • Terminate child care services under current DFPS case
  • Open new child care services under Foster Care

Case Closed, Move to Kinship

  • Terminate child care services under current DFPS case
  • Open new child care services under Kinship Care

Case Closed, Caregiver Change

  • Reach out to new caregiver to determine if caregiver wants care to continue

Case Closed, Voluntary Withdrawal

  • End referral(s) and terminate child care

Case Closed, Child Returned Home

  • Reach out to parent to determine if parent wants care to continue

Case Closed, Child Placed with Relative

  • Reach out to relative to determine if relative wants care to continue

Case Closed, Child Adopted

  • Reach out to adoptive parent to determine if parent wants care to continue

 

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D-706: Eligibility Redetermination for Children in Texas Department of Family and Protective Services–Initiated Care

Boards must be aware that at the end of the Texas Department of Family and Protective Services (DFPS) eligibility period, caregivers whose children were receiving care through DFPS must receive ongoing child care services as follows:

General Protective Care

Boards must be aware that for General Protective services terminated before completion of the DFPS authorization date (early termination), care must be continued under the original eligibility determination with no parent share of cost and no work/training requirements.

The Early Terminations Report includes a comments field where DFPS case workers may indicate the reason for the early termination. Boards must coordinate with local DFPS offices to understand the reason for General Protective services being terminated early and must assist the caregiver or family to continue child care services if desired.

If a child is not attending child care, the Board must ensure that staff performs due diligence to contact the current caregiver and offer continuing services or determine if there is a voluntary withdrawal from child care services.

The Board must ensure that if staff is unable to reach the current caregiver after repeated and concerted efforts to make contact, and if the child continues to not attend care for 30 calendar days, the caregiver is regarded as voluntarily withdrawing his or her child. The child’s referral for care must be ended, but the child’s eligibility and TWIST Program Detail must remain open for the duration of the 12-month period.

Foster Care, Relative/Other DFPS Care and Former DFPS Care

Boards must be aware that at the end of the DFPS eligibility period, caregivers whose children were receiving care through DFPS must be determined eligible for continued child care services under At-Risk care and must not be placed on the waitlist.

Boards also must be aware that for foster and relative care cases, if DFPS does not provide sufficient notice of termination for completion of a timely At-Risk eligibility determination, there may be a gap in care after -funded care ends and before At-Risk child care begins (if case determined eligible). 

DFPS Care Type

Child Care Action

General Protective—care ended before 12 months

Place child in Former DFPS care for remainder of 12-month period, as described in D-705.a

General Protective—full 12 months of care received

Determine eligibility for At-Risk care

Foster Care terminated/2054 Expired

Determine eligibility for At-Risk care

Relative/Other DFPS Care terminated/2054 Expired

Determine eligibility for At-Risk care

Former DFPS—12-month eligibility period ended

Determine eligibility for At-Risk care

Boards must be aware that because each child served by DFPS is regarded as a “family of one” for tracking and federal reporting purposes, a minimum of 12 months of care must be provided for each child. Therefore, if a caregiver has more than one child receiving Former DFPS care with different eligibility dates, a family-based eligibility determination under At-Risk should not occur before all Former DFPS children in care have received a full 12 months of services. 

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Part A - Definitions

Part H - Consumer Education and Child Care Quality Activities

Part J - Appendix