SECTION 809.71. Parent Rights

A Board shall ensure that the Board's child care contractor informs the parent in writing that the parent has the right to:

(1) choose the type of child care provider that best suits their needs and to be informed of all child care options available to them as included in the consumer education information described in §809.15 of this chapter;

(2) visit available child care providers before making their choice of a child care option;

(3) receive assistance in choosing initial or additional child care referrals including information about the Board's policies regarding transferring children from one provider to another, which shall include a waiting period of two weeks before the effective date of a transfer, except in cases in which the provider is subject to a CCR action, as described in §809.94 of this chapter; when the transfer is authorized by CPS for a child in protective services; or on a case-by-case basis determined by the Board;

(4) be informed of the Commission rules and Board policies related to providers charging parents amounts above the assessed parent share of cost as described in §809.92 of this chapter;

(5) be represented when applying for child care services;

(6) be notified of their eligibility to receive child care services within 20 calendar days from the day the Board's child care contractor receives all necessary documentation required to initially determine eligibility for child care;

(7) receive child care services regardless of race, color, national origin, age, sex, disability, political beliefs, or religion;

(8) have the Board and the Board's child care contractor treat information used to determine eligibility for child care services as confidential;

(9) receive written notification at least 15 calendar days before termination of child care services;

(10) reject an offer of child care services or voluntarily withdraw their child from child care, unless the child is in protective services;

(11) be informed of the possible consequences of rejecting or ending the child care that is offered;

(12) be informed of the eligibility documentation and reporting requirements described in §809.72 and §809.73 of this chapter;

(13) be informed of the parent appeal rights described in §809.74 of this chapter;

(14) be informed of required background and criminal history checks for relative child care providers through the listing process with CCR as described in §809.91 of this chapter before the parent or guardian selects the relative child care provider;

(15) receive written notification pursuant to §809.78 of this chapter of the possible termination of child care services for excessive absences, as described in §809.78 of this chapter; and

(16) receive written notification of possible termination of child care services for failure to pay the parent share of cost, pursuant to §809.19 of this chapter.

Source Note: The provisions of this §809.71 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective November 14, 2011, 36 TexReg 7675; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective August 1, 2018, 43 TexReg 4744; amended to be effective July 6, 2020, 45 TexReg 4528; amended to be effective October 3, 2022, 47 TexReg 6437