Normally, in order to qualify for the childcare services, the parent/guardian applying for services must have primary custody of the child(ren) needing services.
If the applicant is in loco parentis; not the natural parent, adoptive parent, stepparent or legal guardian, then the in loco parentis applicant will need to include additional documentation in their application for childcare services. Below is information about the additional documentation required as determined by the specific reason the parent is unavailable:
Medical Incapacitation or Placement in In-Treatment or Rehabilitation
Documentation needed to verify the reason the parent is unavailable:
A document from a licensed medical professional, e.g., physician, psychiatrist, or psychologist, stating the medical condition that makes the parent unable to care for his or her children.
OR
A document from a licensed professional such as a counselor or therapist is an acceptable alternative as long as the recommendation or diagnosis does not exceed the licensed professional’s authority.
If the parent is in a treatment or rehabilitation center, a letter from the facility verifying admission must be signed by an authorized representative of the facility and include both the admission and anticipated release date. A copy of the order mandating the placement will suffice.
Documentation needed to verify the caretaker is responsible for the child:
A caretaker must have a notarized power of attorney or a sworn affidavit of temporary custody/guardianship of the child.
Child Protective Services (CPS) Placement
Documentation needed to verify the reason the parent is unavailable:
One of the following must be provided:
- A recent (within six months) CPS safety plan or CPS placement agreement;
- A court order naming the individual as the caretaker; or
- A letter from CPS that confirms the children’s placement with the caretaker is ongoing.
Documentation needed to verify the caretaker is responsible for the child:
No other documentation is necessary.
Military Deployment
Documentation needed to verify the reason the parent is unavailable:
One of the following must be provided:
- Military orders; or
- A suitable alternative such as a confirmation by the base commander or other military official.
Documentation needed to verify the caretaker is responsible for the child:
A military power of attorney appointing the caretaker as the guardian of the child.
OR
In lieu of a military power of attorney, a military family plan that gives the caretaker the authority to execute decisions on child care matters.
Incarceration
Documentation needed to verify the reason the parent is unavailable:
One of the following must be provided:
- A “commitment” order from the court;
- Verification from the Texas Department of Criminal Justice (TDCJ) Offender Information Search database for offenders who are incarcerated in a TDCJ facility; or
- A letter from the sheriff’s office confirming incarceration if the parent is in a local jail.
The document must include the date of incarceration and anticipated release date.
Documentation needed to verify the caretaker is responsible for the child:
A caretaker must have a notarized power of attorney or a sworn affidavit of temporary custody/guardianship of the child.
Other Reasons Parent or Legal Guardian is Unavailable
Documentation needed to verify the reason the parent is unavailable:
A sworn affidavit of facts attesting to:
- The circumstances of how and why the caretaker assumed responsibility for the child;
- The whereabouts of the natural parents(s);
- The caretaker’s relationship to the child; and
- The length of time the child has been with the caretaker.
Documentation needed to verify the caretaker is responsible for the child:
A caretaker must have a notarized power of attorney or a sworn affidavit of temporary custody/guardianship of the child.
In addition, the caretaker must have documentation from a verifiable source that establishes his or her parental responsibility for the child. The documentation may be one of the following:
- the caretaker’s most recent IRS tax return listing child as a dependent;
- a letter from a child care center or other independent, non-relative, verifiable source that can establish the individual’s parental and financial responsibility for the child;
- a letter from an independent school district; or
- documentation that the caretaker is receiving Temporary Assistance for Needy Families benefits on behalf of the child, or has received benefits within the past six months.
