Before recommending that DFPS pay for day care services for a child in a kinship placement, staff and employed kinship caregivers 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 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 and Other Designated Caregiver Daycare VerificationPDF Document. Authorized staff submits the form to the day care coordinator before services can be authorized.

In addition to Form 1809, the DFPS staff requesting the service authorization is responsible for obtaining employment verification from the caregiver.

Acceptable verification includes any of the following:

• Copies of the caregiver’s last three pay stubs.
• A statement from the employer attesting to the caregiver being employed full-time for 40 hours a week.
• In the case of self-employment, a completed Form 1806 Caregiver Statement of Self-Employment IncomePDF Document.

Being a volunteer or student, or providing foster care or kinship care services, is not considered employment.

Employment verification documents and the completed Form 1809 must be submitted to the appropriate day care mailbox [sic, intranet link]External Link when the day care request is submitted in IMPACT. Day care requests must be submitted within 24 hours of placement.

Criteria for the Child

To be eligible for Kinship Child Day Care at any time, the child must meet all of the following criteria:

• Is in DFPS conservatorship.
• Is placed in a kinship placement where all appropriate caregivers are employed outside the home and work at least 40 hours per week.
• Is not receiving adoption assistance.
• Meets the age restrictions below depending on the time of year.

Eligibility During the School Year

To be eligible for Kinship Child Day Care during the school year, the child must be one of the following:

• 6 years old or younger, as of September 1.
• 17 years old or younger, with a developmental delay (including physical, emotional, and cognitive or language) or a physical disability.

Eligibility During Summer

To be eligible for Kinship Child Day Care for summer care, the child must be one of the following:

• 12 years old or younger.
• 17 years old or younger, with a documented developmental delay (including physical, emotional, and cognitive or language) or physical disability

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 day care coordinator and provide the date that the family is no longer eligible for Kinship Child Day Care.

Criteria for the Caregiver

The caregiver must meet all of the following criteria:

• Is related to the child or has a longstanding and significant relationship with the child or with the family in the case of an infant.
• Is formally approved by DFPS as a kinship caregiver (which includes having an approved home study).
• Signed and agreed to abide by Form 0695 Kinship Caregiver AgreementWord Document.
• Is not a licensed or verified foster home or foster group home.
• Is a resident of Texas.
• Is employed outside the home and works at least 40 hours per week.

Texas Family Code §264.755External Link

DFPS Rules, 40 TAC §§700.1003External Link; 700.1013External Link

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

To be eligible for Kinship-General Protective Day Care, the caregiver must meet all of the following criteria:

• Is related to the child or has a longstanding and significant relationship with the child or with family in the case of an infant.
• Is not a licensed or verified foster home or foster group home.
• Is a resident of Texas.
• Is employed outside the home and works at least 40 hours per week.

The program administrator must approve the use of General Protective Day Care for a child in a kinship placement.

Waiving the Eligibility Criteria for Good Cause

The CPS and CPI associate commissioners have the authority to waive the eligibility provisions for good cause. The DFPS program administrator or designee may request a waiver for good cause on a case-by-case basis if that person determines that all of the following are true:

• The placement cannot be sustained or is unlikely to be sustained if the caregiver or foster parent cannot receive day care.
• There is no reasonable alternative to the provision of day care, such as a change in working hours.
• Day care services are only authorized in increments that are commensurate with the hours and days the caregiver or foster parent must be outside the home for employment.