2.2 Eligible Children and Families

At eligibility determination or redetermination, children must (1) be younger than age 13; (2) reside with a family whose income does not exceed 85 percent of the State's median income (SMI) for a family of the same size and whose family assets do not exceed $1,000,000; and (3)(a) reside with a parent or parents who are working or attending a job training or educational program (which can include job search) or (b) receive, or need to receive, protective services as defined by the Lead Agency. 2.2.1 Eligibility criteria: age of children served Lead Agencies may provide child care assistance for children less than 13 years of age, including continuing to provide assistance to children if they turn 13 during the eligibility period. In addition, Lead Agencies can choose to serve children up to age 19 if those children are unable to care for themselves. a. Does your Lead Agency serve the full federally allowable age range of children through age 12? [x] Yes. [ ] No. If no, describe the age range of children served and the reason why you made that decision to serve less than the full range of allowable children. Note: Do not include children incapable of self-care or under court supervision, who are reported below in 2.2.1b and 2.2.1c. b. Does the Lead Agency extend eligibility for CCDF-funded child care to children ages 13 and older but below age 19 who are physically and/or mentally incapable of self-care? [ ] No. [x] Yes. i. If yes, the upper age is (may not equal or exceed age 19): 18.00 ii. If yes, provide the Lead Agency definition of physical and/or mental incapacity: A child who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, hearing, seeing, speaking, breathing, learning, and working (CCS rule §809.2(8)). c. Does the Lead Agency extend eligibility for CCDF-funded child care to children ages 13 and older but below age 19 who are under court supervision? [ ] No. [x] Yes. If yes, and the upper age is (may not equal or exceed age 19): 18.00 d. How does the Lead Agency define the following eligibility terms? i. “residing with”: A child is considered to be residing with the parent when the child is living with, and physically present with, the parent during the time period for which child care services are being requested or received (CCS rule §809.2(23)). ii. “in loco parentis”: An individual 18 years of age or older who is responsible for the day-to-day care and supervision of the child when the child's natural parent, adoptive parent, stepparent, or legal guardian is not available to care for the child. The individual must document the reason that the child's parents are unavailable to care for the child, and that he or she is exercising parental responsibility for the child (CCS Guide, D-105.c). 2.2.2 Eligibility criteria: reason for care Lead Agencies have broad flexibility on the work, training, and educational activities required to qualify for child care assistance. Lead Agencies do not have to set a minimum number of hours for families to qualify for work, training, or educational activities, and there is no requirement to limit authorized child care services strictly based on the work, training, or educational schedule/hours of the parent(s). For example, the Lead Agency can include travel or study time in calculating the amount of needed services. How does the Lead Agency define the following terms for the purposes of determining CCDF eligibility? a. Identify which of the following activities are included in your definition of “working” by checking the boxes below: i. [x] An activity for which a wage or salary is paid. ii. [x] Being self-employed. iii. [ ] During a time of emergency or disaster, partnering in essential services. iv. [x] Participating in unpaid activities like student teaching, internships, or practicums. v. [ ] Time for meals or breaks. vi. [x] Time for travel. vii. [x] Seeking employment or job search. viii. [x] Other. Describe: Participation in TANF Choices or SNAP E&T activities. b. Identify which of the following activities are included in your definition of “attending job training” by checking the boxes below: i. [x] Vocational/technical job skills training. ii. [x] Apprenticeship or internship program or other on-the-job training. iii. [x] English as a Second Language training. iv. [x] Adult Basic Education preparation. v. [x] Participation in employment service activities. vi. [ ] Time for meals and breaks. vii. [x] Time for travel. viii. [x] Hours required for associated activities such as study groups, lab experiences. ix. [x] Time for outside class study or completion of homework. x. [ ] Other. Describe: c. Identify which of the following diplomas, certificates, degrees, or activities are included in your definition of “attending an educational program” by checking the boxes below: i. [x] Adult High School Diploma or GED. ii. [x] Certificate programs (12-18 credit hours). iii. [x] One-year diploma (36 credit hours). iv. [x] Two-year degree. v. [x] Four-year degree. vi. [x] Travel to and from classrooms, labs, or study groups. vii. [ ] Study time. viii. [x] Hours required for associated activities such as study groups, lab experiences. ix. [x] Time for outside class study or completion of homework. x. [ ] Applicable meal and break times. xi. [ ] Other. Describe: d. Does the Lead Agency impose a Lead Agency-defined minimum number of hours of activity for eligibility? [ ] No. [x] Yes. If yes, describe any Lead Agency-imposed minimum requirement for the following: [ ] Work. Describe: [ ] Job training. Describe: [ ] Education. Describe: [x] Combination of allowable activities. Describe: For at-risk: A parent is required to work or attend a job training or educational program for a combination of at least an average of 25 hours per week for a single-parent family or 50 hours per week for a two-parent family, or a higher number of hours per week as established by the Board (CCS rule §809.50). For parents enrolling for Initial Job Search: After the three-month initial job search period, a total activity participation of at least 25 hours for a single-parent family or a total combined 50 hours per week for dual-parent families, which must include a minimum of 12 hours in employment for a single-parent family and a total combined 25 hours in employment for a dual-parent family must be met to continue the full 12-month eligibility period (CCS rule §809.56). [ ] Other. Describe: e. Does the Lead Agency allow parents to qualify for CCDF assistance based on education and training without additional work requirements? [x] Yes. [ ] No. If no, describe the additional work requirements: f. Does the Lead Agency extend eligibility to specific populations of children otherwise not eligible by including them in its definition of “children who receive or need to receive protective services?” Note: A Lead Agency may elect to provide CCDF-funded child care to children in foster care when foster care parents are not working or are not in education/training activities, but this provision should be included in the Lead Agency’s protective services definition. [ ] No. If no, skip to question 2.2.3. [x] Yes. If yes, answer the questions below: Provide the Lead Agency’s definition of “protective services” by checking below the sub-populations of children that are included: [ ] Children in foster care. [ ] Children in kinship care. [x] Children who are in families under court supervision. [x] Children who are in families receiving supports or otherwise engaged with a child welfare agency. [ ] Children participating in a Lead Agency’s Early Head Start - Child Care Partnerships program. [ ] Children whose family members are deemed essential workers under a governor-declared state of emergency. [x] Children experiencing homelessness. [ ] Children whose family has been affected by a natural disaster. [ ] Other. Describe: g. Does the Lead Agency waive the income eligibility requirements for cases in which children receive, or need to receive, protective services on a case-by-case basis? [ ] No. [x] Yes. h. Does the Lead Agency waive the eligible activity (e.g., work, job training, education, etc.) requirements for cases in which children receive, or need to receive, protective services on a case-by-case basis? [ ] No. [x] Yes. i. Does the Lead Agency use CCDF funds to provide respite care to custodial parents of children in protective services? [ ] No. [x] Yes. 2.2.3 Eligibility criteria: deciding entity on family income limits How are income eligibility limits established? [x] There is a statewide limit with no local variation. [ ] There is a statewide limit with local variation. Provide the number of income eligibility tables and describe who sets the limits: [ ] Eligibility limits are established locally only. Provide the number of income eligibility tables and describe who sets the limits: [ ] Other. Describe: 2.2.4 Initial eligibility: income limits a. Complete the appropriate table to describe family income limits. i. Complete the table below to provide the statewide maximum income eligibility percent and dollar limit or threshold: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 4692.00 85.00 3988.00 2 6136.00 85.00 5216.00 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 3 7580.00 85.00 6443.00 4 9024.00 85.00 7670.00 5 10467.00 85.00 8897.00 ii. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [x] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [ ] Yes, the Lead Agency certifies that they use other funds (non-CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: b. Complete the table below if the Lead Agency has local variation in the maximum income eligibility limit. Complete the table for the region/locality with the highest eligibility limit, region/locality with the lowest eligibility limit, and the region/locality that is most populous: i. Region/locality with the highest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 ii. Region/locality with the lowest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 3 4 5 iii. Region/locality that is most populous: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 iv. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [ ] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [ ] Yes, the Lead Agency certifies that they use other funds (not CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above 85% SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: c. How does the Lead Agency define “income” for the purposes of eligibility at the point of initial determination? Check all that apply: i. [x] Gross wages or salary. ii. [ ] Disability or unemployment compensation. iii. [ ] Workers’ compensation. iv. [ ] Spousal support, child support. v. [ ] Survivor and retirement benefits. vi. [ ] Rent for room within the family’s residence. vii. [ ] Pensions or annuities. viii. [ ] Inheritance. ix. [ ] Public assistance. x. [x] Other. Describe: CCS rule §809.44(b) lists all income sources that are excluded from family income; all other sources are included as income. d. What is the effective date for these income eligibility limits? October 1, 2025 e. Income limits must be established and reported in terms of current SMI based on the most recent data published by the Bureau of the Census, even if the federal poverty level is used in implementing the program. What federal data does the Lead Agency use when reporting the income eligibility limits? [x] LIHEAP. If checked, provide the publication year of the LIHEAP guideline estimates used by the Lead Agency: 2025 [ ] Other. Describe: f. Provide the direct URL/website link, if available, for the income eligibility limits. The income eligibility for limits for October 1, 2025 through September 30, 2026 are available at https://www.twc.texas.gov/sites/default/files/ccel/docs/bcy-26-income-eligibility-and- maximum-psoc-twc.pdf. 2.2.5 Income eligibility: irregular fluctuations in earnings Lead Agencies must take into account irregular fluctuations in earnings in initial eligibility determination and redetermination processes. The Lead Agency must ensure that temporary increases in income, including temporary increases that can result in a monthly income exceeding 85 percent of SMI from seasonal employment or other temporary work schedules, do not affect eligibility or family co-payments. Check the processes that the Lead Agency uses to take into account irregular fluctuations in earnings. i. [x] Average the family’s earnings over a period of time (e.g., 12 months). Identify the period of time Three months. Income fluctuations that occur during the three-month income calculation period are calculated separately and averaged over the appropriate time period in accordance with local procedures. Fluctuations in earnings during sustained employment are income amounts that differ due to any of the following: Variable work schedules (pay periods without a guaranteed number of hours per day or per week); Overtime pay; Pay based solely on commissions or tips; Fixed compensation paid in different time periods, as in education; and Seasonal or temporary employment. In some cases, Boards annualize fluctuations in income rather than average them across the three-month period. Examples of income that should be annualized may include, but are not limited to, the following: A coaching stipend paid only for the sports season; Accrued vacation leave paid out in a lump sum at year’s end; and Holiday employment. If pay documents indicate that a family member received a bonus or other lump sum during the income calculation period or in the year-to-date amount, Boards determine the number of months that the bonus or lump sum covers and if there is any expectation of future repetition. In that case, the sum is averaged over the applicable number of months to reach an average monthly figure (CCS Guide, Section D-107.c). ii. [ ] Request earning statements that are most representative of the family’s monthly income. iii. [ ] Deduct temporary or irregular increases in wages from the family’s standard income level. iv. [x] Other. Describe the other ways the Lead Agency takes into account irregular fluctuations in earnings: For bonuses and other lump sum payments received during the three-month income calculation period or appearing in the year-to- date amount on a pay stub, staff determines the number of months the bonus or lump sum covers and if there is any expectation of future repetition. If a recurring bonus/lump sum, it is averaged over the applicable number of months to reach an average monthly figure (CCS Guide, Section D-107.d). Average an annual bonus by 12; Average a lump sum payment by 12; Average a quarterly bonus by 3; and Average a onetime payment by 12. 2.2.6 Family asset limit a. When calculating income eligibility, does the Lead Agency ensure each eligible family does not have assets that exceed $1,000,000? [x] Yes. [ ] No. If no, describe: b. Does the Lead Agency waive the asset limit on a case-by-case basis for families defined as receiving, or in need of, protective services? [ ] No. [x] Yes. If yes, describe the policy or procedure: CCS rule §809.41(a) exempts children who receive or need protective services from income limits and the family asset limit. 2.2.7 Additional eligibility criteria Aside from the eligibility conditions or rules which have been described in 2.2.1 – 2.2.6, is any additional eligibility criteria applied during: a. [x] Eligibility determination? If checked, describe: TWC requires Boards to serve children in the following three priority groups, as outlined in CCS rule §809.43 and in Section B-400 of the CCS Guide: First Priority Group-Mandatory Consistent with CCDF regulations, the first priority group is assured child care services and includes children of parents eligible for the following: Choices child care; Temporary Assistance for Needy Families (TANF) applicant child care; Supplemental Nutrition Assistance Program (SNAP) Employment & Training (E&T) child care; and Transitional child care for former TANF recipients. Second Priority Group-Subject to Availability of Funds The second priority group is served subject to the availability of funds and includes, in the following order of priority: Children who need to receive protective services child care; Children of a qualified veteran or qualified spouse; Children of a foster youth; Children experiencing homelessness; Children of parents on military deployment whose parents are unable to enroll in military funded child care assistance programs; Children of teen parents; Children with disabilities; and Children of a child care worker. Third Priority Group-Board Determined The third priority group includes any other priority adopted by the Board. However, a Board must not establish a priority group based on parent choice of an individual provider or provider type. Boards must ensure that children in the first and second priority groups are enrolled before enrolling children from Board-established priority groups. b. [x] Eligibility redetermination? If checked, describe: If, at the time of eligibility redetermination, the family is experiencing a temporary status change in work, school, or job training, the Board has the option to extend the eligibility period to the date the parent is expected to return to work, school, or job training. In accordance with local procedures, the redetermination would then be based on the income upon the parent’s return to work, school, or job training. This extension is allowed on a case-by-case basis (CCS Guide, Section D-1005). 2.2.8 Documentation of eligibility determination Lead Agencies must document and verify that children receiving CCDF funds meet eligibility criteria at the time of eligibility determination and redetermination. Check the information that the Lead Agency documents and verifies at initial determination and redetermination and describe what information is required and how often. Required at Initial Determination Required at Redetermination Description [x] [ ] Applicant identity. Describe how you verify: Parents submit their application and documents through TX3C and will be provided a list of acceptable documents in the application. Acceptable documents include a driver's license, birth certificate, government-issued photo ID, or US passport. Boards review the documentation provided by parents and validate identity information such as name, date of birth, and Social Security number (if voluntarily provided) of parents and children through a data-match process with state and federal databases. Required at Initial Determination Required at Redetermination Description [x] [ ] Applicant’s relationship to the child. Describe how you verify: Parents upload documents into TX3C. Acceptable documentation includes the child’s birth certificate or hospital or public health birth record. In cases of in loco parentis documentation, Boards must verify the reason that the parent is unavailable to care for the child. Examples of acceptable documentation include: Military orders; A document from a licensed medical professional stating the medical condition that makes the parent unable to care for his or her child; A commitment order from a court; and A sworn affidavit attesting to: the circumstances of how and why the caretaker assumed responsibility for the child; the whereabouts of the natural parent(s); the caretaker’s relationship to the child; and the length of time the child has been with the caretaker. Boards must verify that the caretaker is responsible for the child. Examples of acceptable documentation include: Military power of attorney appointing the caretaker as the guardian of the child; Notarized power of attorney; or A sworn affidavit of temporary custody or guardianship of the child and one of the following: the caretaker’s most recent IRS tax return listing the child as a dependent; a letter from a child care center or other independent, nonrelative, verifiable source that can establish the individual’s parental and financial responsibility for the child; a letter from an independent school district (ISD); or documentation that the caretaker is receiving TANF benefits on behalf of the child or has received benefits within the past six months. Required at Initial Determination Required at Redetermination Description [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Parents upload documents into TX3C. Acceptable documentation includes: A birth certificate; A US passport; A hospital or public health birth record; A church or baptismal record (United States or its territories); TANF, SNAP, Medicaid, or other public assistance documentation; or Documentation proving qualified alien status: green card, asylum grant letter, I-94, I-571, or I-551. [x] [x] Work. Describe how you verify: Parents upload documents into TX3C. Acceptable documents include: Pay stubs; Pay statements; Time sheets; and Employer verification form. [x] [x] Job training or educational program. Describe how you verify: Parents upload documents into TX3C. Acceptable documents include: Proof of course enrollment; Course schedules; and Transcripts. [x] [x] Family income. Describe how you verify: Parents upload documents into TX3C. Acceptable documents include check stubs and tax returns. Board contractors review the income reported and exclude those sources disallowed by rule from the calculation. Boards ensure that the family income is calculated in accordance with TWC guidelines to: Consider irregular fluctuations in earnings; and Ensure that temporary increases in income, including temporary increases that result in monthly income exceeding 85 percent of SMI, do not affect eligibility or the parent share of cost. Required at Initial Determination Required at Redetermination Description [x] [x] Household composition. Describe how you verify: Parents upload documents into TX3C. Acceptable documents include public assistance records and tax returns. [x] [x] Applicant residence. Describe how you verify: Parents upload documents into TX3C. Acceptable documents include: Utility bills; Rental agreements; Leases; and Home titles. [x] [ ] Other. Describe how you verify: In accordance with the Texas Child Care Disaster and Emergency Preparedness Plan and for families affected by declared national or state emergencies and served using emergency federal funds, TWC may allow Boards to waive documentation requirements as necessary for a period of no more than three months. Following the waiver period, the family must submit required documentation to determine eligibility for CCS to continue. 2.2.9 Exception to TANF work requirements Lead Agencies must ensure that families with young children participating in TANF will be informed of their right not to be sanctioned under the TANF work requirement if the custodial parent has a demonstrated inability to obtain child care for a child under age six, in accordance with Section 407(e)(2) of the Social Security Act. a. Identify the TANF agency that established these criteria or definitions: TWC administers the TANF/Choices program, which is the employment and training component of TANF in Texas. HHSC administers the TANF benefit program. Boards administer the Choices program at the local level and ensure that participants are made aware that if they are unable to obtain child care to participate in Choices, they will be granted good cause and will not receive a TANF sanction for failure to participate in the Choices program. b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: Relatives who meet the requirements stipulated in 45 CFR §98.2 and who are eligible under CCS rule §809.91(e); or Child care facilities licensed by or registered with Child Care Regulation (CCR) and those operated and monitored by US military services. ii. “Reasonable distance”: TWC grants Boards the authority to define "reasonable distance" for each LWDA based on the LWDA's specific geography and transportation systems. iii. “Unsuitability of informal child care”: Any informal child care that does not meet the definition of appropriate child care or is deemed inappropriate by the parent is considered unsuitable. iv. “Affordable child care arrangements”: Child care arrangements that fall within the maximum rates established by each Board. Parents participating in Choices are exempt from co-payments. c. How are parents who receive TANF benefits informed about the exception to the individual penalties associated with the TANF work requirements? i. [ ] In writing ii. [ ] Verbally iii. [x] Other. Describe: TANF parents are informed about exceptions at the Workforce Orientation for Applicants. They are also provided this information in writing in their Family Employment Plan which is jointly developed between Choices participants and Choices program staff.