(1) An applicant may receive assistance for child care under this part for a minor child in the care and custody of the parent recipient, unless the other parent in a two-parent family:
(a) is capable of caring for the family's child;
(b) is not employed; and
(c) has not entered into an employment plan with the department.
(2) The department shall encourage a parent recipient to obtain child care at no cost from a parent, sibling, relative, or other suitable provider.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing eligibility for child care services for a minor child in the care and custody of a parent who does not receive cash assistance under this part.