The new sections are proposed under the Texas Family Code, Chapter 231, pursuant to the September 1, 1999, statutory changes.

The Texas Family Code is affected by 42 USC(29) and 454(29) of the Social Security Act.

§55.1.Agency and Agency Attorneys in Child Support Cases.

(a)

The Office of the Attorney General is designated by Texas law as the state's Title IV-D Agency to perform the functions and provide the services required by the Social Security Act, title IV, part D; 42 United States Code§§651, et seq.; and 45 Code of Federal Regulations, Parts 300-399 (hereafter IV-D services); as these federal statutes and regulations now exist or may in the future be amended. In providing services required by federal and state law, the Title IV-D Agency may:

(1)

determine which services and remedies are appropriate in each case;

(2)

employ attorneys to represent the interests of the State of Texas in providing such services;

(3)

contract with private attorneys to provide services in IV-D cases; and

(4)

appear as a party in any legal proceeding in any trial or appellate court.

(b)

The Title IV-D Agency shall inform all recipients of IV-D services that attorneys providing services under this chapter represent the State of Texas, but do not represent any individual.

§55.2.Title IV-D Agency May Appear as a Party at Any Stage of Litigation.

The Title IV-D Agency, in providing services pursuant to state and federal law, may appear as a party at any stage in any legal proceeding, whether or not the agency was a party at trial.

§55.3.Cooperation Required for Recipients of Child Support Services.

(a)

Cooperation by Temporary Assistance for Needy Families (TANF) Program Recipients. All TANF recipients are required to cooperate with the Title IV-D Agency in performing the required IV-D functions set out in Texas Family Code, Chapter 231, and other applicable provisions of law, unless there exists good cause as specified under §55.5 of this subchapter (relating to Good Cause for Failure to Cooperate).

(1)

Recipients must cooperate in:

(A)

identifying and locating obligors and potential obligors;

(B)

establishing paternity of a child born out of wedlock, including participating in genetic testing;

(C)

establishing, enforcing, or modifying child support obligations;

(D)

establishing, enforcing, or modifying medical support obligations;

(E)

obtaining support payments for the recipient or a child for whom the recipient is receiving services;

(F)

obtaining medical support payments for which an obligor is responsible;

(G)

obtaining any other payments or property due the recipient or a child for whom the recipient is receiving services;

(H)

providing information on any third party who may be liable for medical care and services, including, but not limited to:

(i)

the name of the health insurance policy holder;

(ii)

the policy holder's relationship to the recipient and child;

(iii)

the social security number of the policy holder;

(iv)

and the name and address of the insurance company and policy number.

(2)

To accomplish the above, a recipient must:

(A)

keep appointments made with the Title IV-D Agency;

(B)

provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the recipient;

(C)

appear as a witness at judicial or administrative hearings or proceedings;

(D)

provide information, or attest to the lack of information, under penalty of perjury;

(E)

pay to the Title IV-D Agency any support payments sent to the recipient in error;

(F)

pay to the Title IV-D Agency any support payments received from the obligor after an assignment under 42 USC §608(a)(3) has been made, including current and past due support payments and any amounts due to the Title IV-D Agency for recovery of retained direct support payments; and

(G)

perform any other action required of a recipient by state law or federal regulations applicable to Title IV-D.

(b)

Cooperation by Medical Assistance-Only Recipients. All persons referred to the Title IV-D Agency who are receiving Medical Assistance-Only benefits pursuant to an assignment of medical support rights under 42 CFR §433.146, are entitled to receive all IV-D services.

(1)

Such persons are required to cooperate with the Title IV-D Agency in:

(A)

identifying and locating obligors or potential obligors;

(B)

establishing paternity of a child born out of wedlock, including participating in genetic testing;

(C)

establishing, enforcing, or modifying medical support obligations;

(D)

obtaining medical support payments for which an obligor is responsible;

(E)

providing information on any third party who may be liable for medical care and services, including, but not limited to:

(i)

the name of the health insurance policy holder;

(ii)

the policy holder's relationship to the recipient and child;

(iii)

the social security number of the policy holder;

(iv)

and the name and address of the insurance company and policy number.

(2)

To accomplish the above, a recipient must:

(A)

keep appointments made with the Title IV-D Agency;

(B)

provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the recipient;

(C)

appear as a witness at judicial or administrative hearings or proceedings;

(D)

provide information, or attest to the lack of information, under penalty of perjury;

(E)

pay to the Title IV-D Agency any support payments sent to the recipient in error;

(F)

perform any other required IV-D function.

(c)

Cooperation by Former TANF and Former Medical Assistance-Only Recipients. All former TANF recipients and former Medical Assistance-Only recipients must continue to cooperate with the Title IV-D Agency as long as there remain assigned child support and/or assigned medical support arrears recoverable by the state.

(d)

Cooperation by Applicants for IV-D Services. All persons who complete an application for IV-D services (where there is no prior assignment of support rights to the state) must accept all appropriate services provided by the agency.

(1)

Applicants must cooperate with the agency in:

(A)

identifying and locating obligors and potential obligors;

(B)

establishing paternity of a child born out of wedlock, including participating in genetic testing;

(C)

establishing, enforcing, or modifying child support obligations;

(D)

establishing, enforcing, or modifying medical support obligations;

(E)

obtaining child support payments;

(F)

obtaining medical support payments;

(G)

obtaining any other payments or property due the recipient or a child for whom the applicant is receiving services.

(2)

To accomplish the above, an applicant must:

(A)

keep appointments made with the Title IV-D Agency;

(B)

provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the recipient;

(C)

appear as a witness at judicial or administrative hearings or proceedings;

(D)

provide information, or attest to the lack of information, under penalty of perjury;

(E)

pay to the Title IV-D Agency any support payments sent to the applicant in error;

(F)

perform any other required IV-D function.

§55.4.Determination of Cooperation.

The Title IV-D Agency shall make the determination as to whether an individual is cooperating as required by §55.3 of this subchapter relating to Cooperation Required for Recipients of Child Support Services.

(1)

If a recipient of public assistance fails to cooperate:

(A)

The Title IV-D Agency must report the determination of non-cooperation to the Department of Human Services.

(B)

The Department of Human Services must immediately notify the recipient and impose sanctions pursuant to Human Resources Code, §31.0032, by reducing the recipient's next grant award.

(C)

The recipient may request a hearing to show good cause for not cooperating not later than the 13th day after receipt of the notice of non-cooperation issued by the Department of Human Services, in which case, the procedures in §55.5 of this subchapter (relating to Good Cause for Failure to Cooperate) apply.

(D)

The sanction for failure to cooperate shall remain until the recipient complies with the specific IV-D requirement that caused the sanction. When the Title IV-D Agency determines the recipient is cooperating:

(i)

the Title IV-D Agency shall immediately notify the Department of Human Services the recipient is cooperating and

(ii)

the Department of Human Services shall lift the sanction.

(2)

If a person who is not a recipient of public assistance fails to cooperate, the Title IV-D Agency shall notify the person that failure to cooperate will result in termination of IV-D services.

§55.5.Good Cause for Failure To Cooperate.

When a TANF or Medical Assistance-Only recipient claims good cause for not cooperating with IV-D requirements, the Department of Human Services determines if the recipient has good cause pursuant to Human Resources Code §§31.0032 and 31.0033.

(1)

If the Title IV-D Agency receives final notification that the Department of Human Services determined good cause exists for failure to cooperate with IV-D requirements, the Title IV-D Agency shall cease all IV-D services and terminate the recipient's child support case.

(2)

If the Title IV-D Agency receives notice that the Department of Human Services determined good cause does not exist, the Title IV-D Agency shall continue to provide appropriate IV-D services.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 8, 2000.

TRD-200003227

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: June 18, 2000

For further information, please call: A.G. Younger at (512) 463-2110