260.001 Care for Children Affected by HIV/AIDS Using State Services Funds

Policy Number  260.001
Effective Date  October 15, 1998
Revision Date  May 13, 2003
Approval Authority  TB/HIV/STD Section Director

1.0 Purpose

The policy outlines the use of state HIV services funds available through the Texas Department of State Health Services (DSHS), TB/HIV/STD Section (Section) to pay for the care of children affected by HIV/AIDS.

2.0 Background

The Section administers state and federal funds to be used in providing services to individuals who are infected with the HIV disease. In certain circumstances, specific funds may be used to provide services to individuals affected by HIV disease unless otherwise prohibited. Ryan White Title II funds, which the Section administers, are restricted by the Health Resources and Services Administration (HRSA) and generally may be used to pay child care expenses for HIV infected children only. However, state rules and regulations regarding the administration and use of state services funds allow flexibility regarding expenditures in providing services to HIV affected individuals. The decision to use state services funds rests on whether such expenditures are supported by local needs and will prove to have a direct impact on an HIV infected family member.

3.0 Authority

General Appropriations Act, Regular Session, 75th Legislature, Article IX, §75; V.T.C.A., Health and Safety Code Subchapter B; 25 Texas Administrative Code, §98.6, §98.8, and §98.26; DSS Program Policy Guidance No. 2, “Allowable Uses of Funds for Discretely Defined Categories of Services”, formerly known as HRSA Policy No. 97-02.

4.0 Using State Services Funds to Support Child Care for Uninfected Children

When possible, other available funds or local assistance should be used prior to using state services funds for the purpose of providing child care. For example, placement should be sought through Child Care Management Services contractors or other local assistance programs.

State services funds may be used to pay for child care of affected children under the guidelines listed below:

  • the need for child care for HIV affected children who are not infected must be documented as a priority in the local needs assessment, and
  • an allocation has been made to the day care services category based on the prioritization process, and
  • the uninfected child must have an HIV infected parent, guardian, caretaker or sibling who is a Texas resident, and
  • the use of the funds will either: 1) enable the infected parent, guardian, caretaker or sibling to obtain needed health or support services, or 2) provide care for the child when the infected parent, guardian or caretaker is too ill to care for the child, or 3) enable the infected parent, guardian, caretaker or sibling to find or keep employment, or 4) enable the infected parent, guardian, or caretaker to participate in Assembly/Community Planning Group activities.

5.0 Who May Provide Day Care Services

State services funds may be used for the following:

  • day care or respite care to support a licensed or registered provider of continuing day care
    Note: Liability issues may arise for the entity providing funds. Subcontractors are advised to determine if the provider or its agents have license, safety or criminal violations that have not been cleared up before authorizing child care.
  • informal day care provided by a neighbor, family member or other person on a limited basis.
    Note: Providers may not give cash to an eligible person to pay the neighbor or family member providing day care. Liability issues may also arise for the entity providing funds in this situation.

6.0 State Services Funds Used as Payor of Last Resort

The administrative agency, if providing the child care service, or the appropriate subcontractor(s) must determine whether other programs providing child care are available locally and must document this information. When other programs are available, the administrative agency or subcontractor must determine if the client is qualified for those programs that offer child care for affected children and refer the client to those programs. When the administrative agency or subcontractor has reviewed all other programs, and determines that the client has exhausted eligibility for those programs, or is not qualified for any programs, payment from state services funds may be used.

7.0 Provision of Assistance to Survivors

The Assembly must approve of a grace period to provide time limited care for a surviving family member. Approval of the grace period may be in the form of meeting notes or other documentation that authorizes such a provision.

The Assembly may allow up to 60 days of additional day care for a child who is in day care when a child’s parent, who is infected, dies.

8.0 Revision History

Date Action Section
9/1/2017 Changed "TB/HIV/STD Unit" to "TB/HIV/STD Section" to reflect new program designation -
10/2/2014 Converted format (Word to HTML) -
10/10/2003 Changed "Consortium" to "Assembly" throughout All
Deleted entire section “CHARGING FEES FOR CHILD CARE” and accompanying text -