SECTION 809.94. Providers Placed on Corrective or Adverse Action by Child Care Regulation

(a) For a provider placed on probation corrective action (probationary status) by CCR, Boards shall ensure that:

(1) parents with children in Commission-funded child care are notified in writing of the provider's probationary status no later than five business days after receiving notification from the Agency of CCR's decision to place the provider on probationary status; and

(2) no new referrals are made to the provider while on probationary status.

(b) A parent receiving notification of a provider's probationary status with CCR pursuant to subsection (a) of this section may transfer the child to another eligible provider without being subject to the Board transfer policies described in §809.71 of this chapter if the parent requests the transfer within 14 calendar days of receiving such notification.

(c) For a provider placed on probationary status by CCR, Boards shall ensure that the provider is not reimbursed at the Boards' enhanced reimbursement rates described in §809.20 while on probationary status.

(d) For a provider against whom CCR is taking adverse action, Boards shall ensure that:

(1) parents with children enrolled in Commission-funded child care are notified no later than two business days after receiving notification from the Agency that CCR intends to take adverse action against the provider;

(2) children enrolled in Commission-funded child care with the provider are transferred to another eligible provider no later than five business days after receiving notification from the Agency that CCR intends to take adverse action against the provider; and

(3) no new referrals for Commission-funded child care are made to the provider while CCR is taking adverse action.

Source Note: The provisions of this §809.94 adopted to be effective June 22, 2009, 34 TexReg 4201; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective July 6, 2020, 45 TexReg 4528; amended to be effective October 3, 2022, 47 TexReg 6437