Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
The Texas Department of Human Services (DHS) proposes amendments to §3.301,
concerning responsibilities of clients and the Texas Department of Human Services
(DHS), §3.501, concerning household determination, §3.1104, concerning
failure to comply with Title IV-A employment program, §3.1801, concerning
aid to families with dependent children (AFDC) child support requirements, §3.1901,
concerning aid to families with dependent children (AFDC) school attendance
requirements, §3.3904, concerning household determination, §3.6001,
concerning applicability of aid to families with dependent children (AFDC)
policies resulting from Human Resources Code, §31.0031, relating to the
personal responsibility agreement, §3.6002, concerning applicability
of aid to families with dependent children (AFDC) policies resulting from
Human Resources Code, §31.0065, relating to time-limits, and §3.7203,
concerning eligibility requirements; and to repeal §3.3909, concerning
failure to comply with job opportunities and basic skills (JOBS) program, §3.6003,
concerning applicability of aid to families with dependent children (AFDC)
policies resulting from Human Resources Code, §31.0035, relating to transitional
benefits, and §3.6004, concerning applicability of aid to families with
dependent children (AFDC) policies resulting from Human Resources Code, §31.0031,
dependent child's income; Human Resources Code, §31.012, mandatory work
or participation in employment activities through the job opportunities and
basic skills training program; Human Resources Code, §31.014, two-parent
families; and Human Resources Code, §31.032, investigation and determination
of eligibility. In addition, DHS is changing the name of subchapter MM to
"Temporary Assistance for Needy Families--Unemployed Parent Program."
James R. Hine, Commissioner, has determined that for the first five-year
period the proposed sections will be in effect there will be fiscal implications
for state government as a result of enforcing or administering the sections.
There will be no fiscal implications for local governments as a result of
enforcing or administering the section.
The effect on state government for the first five-year period the sections
will be in effect is an estimated additional cost of $477,000 in fiscal year
(FY) 2002; $0 in FY 2003; $0 in FY 2004; $0 in FY 2005; and $0 in FY 2006.
Mr. Hine also has determined that for each year of the first five years
the amendments and repeals are in effect, the public benefit anticipated as
a result of adoption of the sections will be the encouragement of TANF recipients
to comply with child support requirements, and encouragement of minor parents
to attend high school. These sections will decrease the number of individuals
who rely on TANF as their only means of support and encourage self-reliance.
These rules also make the state compliant with the Personal Responsibility
and Work Opportunity Act (PRWORA) of 1996. The removal of TANF control groups
will create consistency by making the same TANF policy applicable to all TANF
applicants and recipients after April 1, 2002. There will be no effect on
small or micro businesses as a result of enforcing or administering the sections
because the sections relate to PRWORA, not the operation of businesses. There
is no anticipated economic cost to persons who are required to comply with
the proposed sections. There is also no anticipated effect on local employment
in geographic areas affected by this section.
Questions about the content of this proposal may be directed to Eric McDaniel
at (512) 438-2909 in DHS's Texas Works policy section. Written comments on
the proposal may be submitted to Supervisor, Rules and Handbooks Unit-058,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register.
Under §2007.003(b) of the Texas Government Code, DHS has determined
that Chapter 2007 of the Government Code does not apply to these rules. Accordingly,
the department is not required to complete a takings impact assessment regarding
these rules.
Subchapter C. THE APPLICATION PROCESS
40 TAC §3.301
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
§3.301.Responsibilities of Clients and the Texas Department of Human Services (DHS).
(a)
To apply, the client must complete the application process.
Clients must:
(1)-(4)
(No change.)
(5)
provide proof of any eligibility factor specified in Chapter
3 of this title (relating to
Texas Works
[
(6)
(No change.)
(7)
comply with the requirement to attend a workforce orientation
unless the individual meets the exception criteria as specified in §3.7302
of this title (relating to Exceptions to the Workforce Orientation Requirements
--Temporary Assistance for Needy Families (TANF)
).
(b)
DHS mails or gives applications for
Temporary Assistance
for Needy Families (TANF)
[
(c)
(No change.)
(d)
Additional state and client responsibilities are explained
by eligibility staff to households as a condition of
TANF
[
[
(1)
[
(A)
State requirements. The state will:
(i)
provide recipients with help in finding employment and
necessary support services within available resources;
(ii)
provide support services to strengthen the family such
as life skills and parenting skills training;
(iii)
ensure that programs administered are efficient, fraud-free
and easily accessible;
(iv)
gather accurate client information;
(v)
promote the development of community resources;
(vi)
promote clear and tangible goals for recipients;
(vii)
enable parents to provide for their children's basic
necessities in a time-limited benefits program;
(viii)
promote education, job training and workforce development;
and
(ix)
give communities the opportunity to develop alternative
programs that meet the unique needs of local recipients.
(B)
Client requirements. DHS requires each adult
TANF
[
(2)
[
(A)
Recipients must provide proof of compliance with provisions
in Human Resources Code, §31.0031(d)(2),(6), and (7)
,
at each
periodic review. DHS accepts the following as proof of compliance:
(i)
Human Resources Code, §31.0031(d)(2). For Texas Health
Steps medical screens, DHS uses information from National Heritage Insurance
Company's (NHIC's) paid claims system
,
[
(ii)
Human Resources Code, §31.0031(d)(6) and (7). DHS
accepts written or verbal proof from the school that each household member,
unless exempted under Human Resource Code, §31.0031(d)(6)
,
is attending school regularly (as determined by the school).
(iii)
Human Resources Code, §31.0031(d)(8). DHS accepts
written or verbal proof of training completion from the person or organization
that provided training.
(B)
Recipients are considered to be in compliance related to
the sections of the Human Resource Code[
(i)
Human Resources Code, §31.0031(d)(4)
,
unless
noncompliance is determined pursuant to §3.1104 of this title (relating
to Failure to Comply with
Title IV-A Employment
[
(ii)
Human Resources Code, §31.0031(d)(3)
,
unless DHS verifies the recipient voluntarily quit a job;
(iii)
Human Resources Code, §31.0031(d)(5)
,
unless DHS determines the recipient
has,
since signing the Personal
Responsibility Agreement, [
(I)
using, selling, or possessing marijuana or any other controlled
substance in violation of Health and Safety Code, Chapter 481, or
(II)
the abuse of alcohol; or
(iv)
Human Resources Code, §31.0031(d)(1)
,
unless noncompliance is determined pursuant to §3.1801 of this title
(relating to
Temporary Assistance for Needy Families (TANF) Child Support
Requirements
[
(3)
[
(4)
[
(A)
Penalty amounts for noncompliance with Human Resources
Code,
§31.003(d), are referenced in §3.1801 of this title (relating
to Temporary Assistance for Needy Families (TANF) Child Support Requirements).
Penalty amounts for noncompliance with Human Resources Code, §31.0031(d)(4),
result in a financial penalty of the grant amount equal to the recognizable
needs figure of
[
(i)
a single parent if one adult fails to comply; or
(ii)
a caretaker and second parent if two adults are subject
to a noncompliance penalty in the same month.
(B)
Penalty amounts for noncompliance with each of the remaining
requirements specified in Human Resources Code, §31.0031(d). Noncompliance
results in a monthly financial penalty of $25 for each separate determination
of noncompliance until the penalty has ended, subject to the caps specified
in subparagraph (C) of this paragraph.
(C)
Penalty caps. The maximum penalty is $75 when three or
more penalties as described in subparagraph (B) of this paragraph apply for
the same month. If penalties pursuant to subparagraphs (A) and (B) of this
paragraph are applicable for the same month, DHS applies only the penalty
or penalties pursuant to subparagraph (A) of this paragraph.
(D)
Penalty periods. DHS starts penalty periods beginning with
the earliest month benefits can be adjusted. The penalty for noncompliance
with Human Resources Code, §31.0031(d)(4)
,
is imposed for
the time period specified in §3.1104 and §3.1105 of this title (relating
to Failure to Comply with
Title IV-A Employment
[
(i)
Human Resources Code, §31.0031(d)(1). DHS is notified
by the Title IV-D agency of the parent's compliance with child support requirements.
(ii)
Human Resources Code, §31.0031(d)(2). Medical screening
for the child is completed, treatments are completed, or the recipient has
shown good faith effort because treatments are initiated by the medical provider.
Immunizations are current or the recipient has shown good faith effort because
an immunization schedule is established by the medical provider.
(iii)
Human Resources Code, §31.0031(d)(6) and (7). The
recipient has shown a good faith effort because he or she provides verification
from the school that the required student has attended school without an unexcused
absence (as determined by the school) for one calendar month.
(iv)
Human Resources Code, §31.0031(8). For recipients
participating in the
Choices
[
(E)
Delayed penalties. If a particular penalty cannot be imposed
initially due to the penalty cap explained in subparagraph (C) of this paragraph,
it will be imposed later during the penalty period if the removal of another
penalty makes it possible to do so without exceeding the penalty cap. For
purposes of counting months of penalty pursuant to Human Resources Code, §31.0031(d)(3)
and (5), a month in which a penalty is applicable counts even if the penalty
cannot be imposed because of the penalty cap specified in subparagraph (C)
of this paragraph.
(5)
[
(A)
Human Resources Code, §31.0033(d)(1). Good cause is
established as specified in
§3.1801 of this title (relating to Temporary
Assistance for Needy Families (TANF) Child Support Requirements)
[
(B)
Human Resources Code, §31.0033(d)(2). Good cause is
established for recipients who are exempt under the provisions in Health and
Safety Code, §161.004(d), regarding immunizations.
(C)
Human Resources Code, §31.0033(d)(3). Good cause is
established according to the regulations applicable to the Food Stamp Program
as specified in 7 CFR §273.7(n)(3), regarding voluntary quit.
(D)
Human Resources Code, §31.0031(d)(4). Good cause is
established as specified in 45 CFR §250.35 and Human Resources Code, §31.0031(f),
regarding employment education and training activities.
(E)
Human Resources Code, §31.0031(d)(5). Good cause cannot
be established for this requirement.
(F)
Human Resources Code, §31.0031(d)(6) and (7). Good
cause is established as specified in Human Resources Code, §31.0031(f)
,
regarding lack of funding for support services. Regarding child care
or day care, good cause is established if child care for a child under the
age of 12 years (or day care for any incapacitated individual) living in the
same home as the recipient is necessary for an individual to attend school,
and such care is not available and outside funding is not available to provide
such care. If there is another responsible household member in the home who
is willing and able to provide such care, good cause does not apply. Good
cause is also established if a student is expelled from school and the school
system verifies it does not offer an alternative educational program.
(G)
Human Resources Code, §31.0031(d)(8). Good cause is
established if:
(i)
no classes are available in the area or verification from
known providers is received indicating that all classes were full when offered;
(ii)
the provider verifies the client is currently attending
classes;
(iii)
the client provides a physician's statement or medical
evidence that
verifies that
illness or injury prevented training
completion when classes were available; or
(iv)
the client provides verification that other circumstances
beyond his control prevented training completion, such as a household disaster.
(H)
Good cause noncompliance hearings. As required by the Human
Resources Code, §31.0033, if the recipient claims good cause during the
13-day period after notice of adverse action concerning the noncompliance
penalty is sent, DHS either makes a determination on the claim before the
13-day period expires or files the claim as a fair hearing pursuant to DHS's
rules. The recipient retains the right to request a fair hearing within 90
days of agency action pursuant to Chapter 79 of this title (relating to Legal
Services).
(I)
Good cause related to parenting skills noncompliance. A
client may request a determination that his noncompliance was due to good
cause after a penalty is imposed. The client receives a determination regarding
good cause for parenting skills noncompliance by the eligibility worker or
case manager.
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 January 7, 2002.
TRD-200200052
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.501
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
§3.501.Household Determination.
(a)
(No change.)
(b)
Temporary Assistance for Needy Families
(TANF)
.
The following persons are not included in a TANF certified group:
(1)-(2)
(No change.)
(3)
Disqualified persons.
(A)
Persons are disqualified because they:
(i)-(ii)
(No change.)
(iii)
are minor parents certified as children who
fail to cooperate with child support requirements;
(iv)
are minor parents certified as children who
fail to comply with employment services[
(v)
fail to comply with social
security number or third-party resources (TPR) requirements;
(vi)
[
(vii)
[
(viii)
[
(ix)
[
(x)
are convicted of a felony drug
offense that was committed on or after April 1, 2002.
(B)-(C)
(No change.)
(4)-(6)
( No change.)
(c)-(d)
(No change.)
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 January 7, 2002.
TRD-200200053
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.1104
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
§3.1104.Failure to Comply with Title IV-A Employment Program.
(a)
A Temporary Assistance for Needy Families (TANF)
[
(1)-(3)
(No change.)
(b)
During the sanction period, the individual will be sanctioned
by
not taking into account the needs of the individual (including a dependent
child who noncomplies) in determining the family's need for assistance and
the amount of the assistance payment.
[
[
[
(c)-(d)
(No change.)
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 January 7, 2002.
TRD-200200054
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.1801
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
§3.1801. Temporary Assistance for Needy Families (TANF) [
(a)
The Texas Department of Human Services (DHS)
adheres to the requirements and procedures
for child support enforcement
as stipulated in 45 Code of Federal Regulations
§264.30(a)-(b); §454(29);
and §408(a)(3) of the Social Security Act
[
(b)
DHS explains good cause for
noncompliance with these requirements to all clients. A good cause determination
considers the best interests of the child. The client has at least 20 days
to provide evidence of good cause. Good cause exists when one or more of the
circumstances specified in paragraphs (1)-(5) of this subsection is present:
(1)
A child is conceived as a result of incest or
rape.
(2)
Legal proceedings for the child's adoption are
pending before a court or a licensed or private social agency is helping the
client decide whether to keep the child or relinquish him for adoption. This
issue must not have been under discussion for more than three months.
(3)
A child or his caretaker may be physically harmed.
(4)
A child or his caretaker may be emotionally
harmed to the extent that the caretaker's capacity to adequately care for
the child is impaired.
(5)
The client establishes good cause pursuant to
the family violence option as specified in 45 CFR §260.52.
(c)
In regard to recipients subject to the requirements
specified in §3.301(d) of this title (relating to Responsibilities of
Clients and the Texas Department of Human Services (DHS)), DHS applies [
(1)
For households of five or less,
noncompliance results in a financial penalty of the grant amount equal to
the recognizable needs figure of:
(A)
a single parent if one adult fails to comply;
or
(B)
a caretaker and second parent if two adults
are subject to a noncompliance penalty in the same month.
(2)
For households with six to
ten members, noncompliance results in a penalty of $125.
(3)
For households greater than
ten, noncompliance results in a penalty of $165.
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 January 7, 2002.
TRD-200200055
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.1901
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
§3.1901. Temporary Assistance for Needy Families (TANF) [
TANF
[
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 January 7, 2002.
TRD-200200056
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.3904
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
§3.3904.Household Determination.
[
[
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 January 7, 2002.
TRD-200200057
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.3909
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Human Services or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Human Resources
Code, Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The repeal implements the Human Resources Code, §§31.001-31.030.
§3.3909.Failure to Comply with Jobs Opportunities and Basic Skills (JOBS) Program.
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 January 7, 2002.
TRD-200200058
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.6001, §3.6002
The amendments are proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendments implement the Human Resources Code, §§31.001-31.030.
§3.6001.Applicability of Temporary Assistance to Needy Families (TANF) [
[
[
[
[
§3.6002.Applicability of Temporary Assistance for Needy Families (TANF) [
[
[
[
[
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 January 7, 2002.
TRD-200200059
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.6003, §3.6004
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.030.
§3.6003.Applicability of Aid to Families with Dependent Children (AFDC) Policies Resulting from Human Resources Code, §31.0035, Relating to Transitional Benefits.
§3.6004.Applicability of Aid to Families with Dependent Children (AFDC) Policies Resulting from Human Resources Code, §31.0031, Dependent Child's Income; Human Resources Code, §31.012, Mandatory Work or Participation in Employment Activities Through the Job Opportunities and Basic Skills Training Program; Human Resources Code, §31.014, Two-Parent Families; and Human Resources Code, §31.032, Investigation and Determination of Eligibility.
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 January 7, 2002.
TRD-200200060
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
40 TAC §3.7203
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
§3.7203.Eligibility Requirements.
One-Time Temporary Assistance for Needy Families Program (OTTANF) applicants
must meet the requirements of this subchapter and all the Temporary Assistance
for Needy Families requirements for applicants as specified in this chapter.
Applicants accepting OTTANF must sign the Personal Responsibility Agreement
[
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 January 7, 2002.
TRD-200200061
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 438-3734
Subchapter L. WORK REGISTRATION
Income Assistance
Services
]). Clients have the primary responsibility for providing proof
needed by DHS to determine their eligibility and benefits. DHS allows clients
10 calendar days to provide requested proof.
AFDC
] and food stamps to clients
on the same day they are requested. DHS must take the application when the
client gives it if it contains the information specified in §3.303 of
this title (relating to Receipt of Application-Acceptability Factors).
Aid to Families with Dependent Children (AFDC)
] eligibility in Texas
as specified in paragraphs (1)-
(5)
[
(6)
] of this subsection.
(1)
Affected areas. The rules
in this section apply to recipients statewide except those designated by DHS
as members of the State Welfare Reform Control Group as described in §3.6001
of this title (relating to Applicability of Aid to Families with Dependent
Children (AFDC) Policies Resulting from Human Resources Code, §31.0031,
Relating to the Personal Responsibility Agreement).]
(2)
] Requirements.
AFDC
] recipient, including minor parents applying as a
caretaker/second parent, as a condition of eligibility to sign a personal
responsibility agreement as specified in Human Resources Code, §31.0031(a).
Unless exempted by Human Resources Code, §31.0031(f), regarding unavailability
of funding for support services, DHS requires household members to comply
with requirements listed in Human Resources Code, §31.0031(d)
,
after the agreement has been signed by an adult recipient, or the household
is subject to a penalty as described in paragraph
(4)
[
(5)
] of this subsection. Additionally, the requirements and penalties related
to immunizations specified in Human Resources Code, §31.0031(d)(2)
,
apply to cases in which the adult caretaker relative is not a certified
recipient. For the parenting skills training specified in Human Resources
Code
,
§31.0031(d)(8), DHS requires participation by certified
caretakers and second parents of a certified child under age five and teen
parents. Others may voluntarily participate.
(3)
] Establishing compliance. Compliance
with Human Resources Code, §31.0031(d)
,
is established in
the following manner:
;
] or
secondary
verification provided by staff of
the Texas Department of Health
(
TDH
)
[
as a backup
]. For the immunization requirement,
DHS accepts immunization records completed by a doctor or other medical professional
licensed to perform immunization services indicating that a child's immunizations
are current or
,
if not current
,
that the medical provider
has established an alternate schedule for the child. DHS also accepts verification
of school attendance at a public school in Texas[
,
] or proof that
a child is current for Texas Health Steps as proof for purposes of meeting
the immunization requirement.
,
] described in clauses
(i)-(iv) of this subparagraph
,
unless noncompliance is determined.
the Job Opportunities
and Basic Skills (JOBS)
] Program);
has
] committed and been convicted of,
or has a deferred adjudication for
Aid to Families with Dependent Children Child Support
Requirements
]).
(4)
] Failure to sign the agreement.
If a member of the household who is required to sign the agreement fails or
refuses to sign, the application or case for the entire
TANF
[
AFDC
] household is denied.
(5)
] Penalties for noncompliance
with requirements. Failure to comply results in the penalties specified in
subparagraphs (A)-(D) of this paragraph.
§31.0031(d)(1) and (4). Noncompliance results
in a financial penalty of the grant amount equal to the recognizable needs
figure of
]:
the Job Opportunities
and Basic Skills (JOBS)
] Program and
Reestablishing
[
Establishing
] Eligibility). The penalty for noncompliance with Human
Resources Code, §31.0031(d)(3)
,
is imposed for three consecutive
months, or fewer than three months, if the recipient returns to that job or
another comparable job, according to the regulations applicable to the Food
Stamp Program, as specified in 7 Code of Federal Regulation §273.7(n)(5)(ii),
relating to voluntary quit. The penalty for noncompliance with Human Resources
Code, §31.0031(d)(5)
,
is imposed for six consecutive months.
The penalties for noncompliance with requirements specified in Human Resources
Code, §31.0031(d)(1), (2), (6), (7), and (8)
,
remain in effect
until the month after the noncompliance ends. DHS considers noncompliance
with these requirements to have ended as specified in:
JOBS
] program, the case
manager monitors and ensures the client participates and completes the parenting
skills program. The case manager determines compliance. The eligibility worker
performs these actions for either
Choices or non- Choices
[
JOBS or non-JOBS
] clients.
(6)
]Good cause. Good cause for
noncompliance as specified in Human Resources Code, §31.0033
,
is established for the requirements listed in Human Resources Code, §31.0031(d)
,
as explained in the following subparagraphs.
45 Code of Federal Regulations (CFR) §§232.40- 232.47, regarding
child support
].
Subchapter E. HOUSEHOLD DETERMINATION
, social security number, or
third-party resources (TPR) requirements
];
(v)
] are caretakers and second
parents [
(except for those who are members of the state welfare reform
waiver control group as described in §3.6002 of this title (relating
to Applicability of Aid to Families with Dependent Children (AFDC) Policies
Resulting from Human Resources Code, §31.0065, Relating to Time-Limits)
] who have exhausted their time limits of 12, 24, or 36 months, assigned
according to the guidelines in Human Resources Code, §31.0065
,
for receiving TANF cash benefits;
(vi)
] fail to timely report a
certified child's temporary absence;
(vii)
] are fugitives fleeing
to avoid prosecution of, or confinement for, a felony criminal conviction,
or found by a court to be violating federal or state probation or parole;
[
or
]
(viii)
] fail to comply with the
unmarried minor parent domicile requirement
; or
[
.
]
Subchapter K. EMPLOYMENT SERVICES
An Aid to Families with Dependent Children (AFDC)
] client who
[
is a member of the state welfare reform control group or
] is certified
for
TANF
[
AFDC
] as a child and who does not comply with
the Title IV- A Employment Program requirements and cannot establish good
cause is sanctioned using
one or more of the circumstances specified
in paragraphs (1)-(3) of this subsection
[
the following periods
]:
:
]
(1)
not taking into account the
needs of the individual (including a dependent child who noncomplies) in determining
the family's need for assistance and the amount of the assistance payment;
and]
(2)
not taking into account the
needs of the second parent if the individual who noncomplies is a parent of
the family who meets the criteria in the Aid to Families with Dependent Children-
Unemployed Parent Program as specified in §3.3909 of this title (relating
to Failure to Comply with Job Opportunities and Basic Skills (JOBS) Program).]
Subchapter R. CHILD SUPPORT Aid to Families with Dependent Children] Child Support Requirements.
§§232.11-232.20;
232.40-232.47; and 232.49 with the following exception related to penalties
for noncompliance
].
a
] noncompliance
penalties pursuant to 45 Code of Federal Regulations §264.30(c)(1)
[
penalty as specified in §3.301(d)(5)(A) of this title (relating
to Responsibilities of Clients and the Texas Department of Human Services
(DHS))
].
Subchapter S. SCHOOL ATTENDANCE Aid to Families with Dependent Children (AFDC) ] School Attendance Requirements.
AFDC
] clients must meet school attendance
requirements as stipulated in
the Social Security Act §408(a)(4)
[
45 Code of Federal Regulations §233.90(b)(2) and (3)
].
Children with disabilities may attend fewer hours than other students or receive
instructions from a visiting teacher at home. Additionally, [
AFDC
]
children who are home schooled are considered as meeting school attendance
requirements specified in §3.301(d) of this title (relating to Responsibilities
of Clients and the Texas Department of Human Services (DHS)).
Subchapter MM. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES--UNEMPLOYED PARENT PROGRAM
(a)
For households who are members
of the State Welfare Reform Control Group as described in §3.6004 of
this title (relating to Applicability of Aid to Families with Dependent Children
(AFDC) Policies Resulting from Human Resources Code §31.0031, Dependent
Child's Income; Human Resources Code §31.012, Mandatory Work or Participation
in Employment Activities Through the Job Opportunities and Basic Skills Training
Program; Human Resources Code §31.014, Two-Parent Families; and Human
Resources Code §31.032, Investigation and Determination of Eligibility),
a child must live with both parents and be deprived because the principal
wage earner parent is unemployed, as stipulated in 45 Code of Federal Regulations §233.100(a)(1)
and §233.100(a)(3).]
(b)
For all other households, the
]
The
Texas Department of Human Services determines
Temporary Assistance
for Needy Families-Unemployed Parent
[
Aid to Families with Dependent
Children-Unemployed Parent
] deprivation as specified in Human Resources
Code, §31.014(b).
Subchapter MM. AID TO FAMILIES WITH DEPENDENT CHILDREN--UNEMPLOYED PARENT PROGRAM
Subchapter PP. APPLICABILITY OF POLICIES RESULTING FROM HOUSE BILL 1863 Aid to Families with Dependent Children (AFDC)] Policies Resulting from Human Resources Code, §31.0031, Relating to the Personal Responsibility Agreement.
(a)
Identifying cases to whom policies apply.
] The requirements and penalties specified in Human Resources Code, §31.0031(d)
,
apply to all
TANF
[
AFDC
] cases statewide [
except cases identified as belonging to the State Welfare Reform Control Group
in this subchapter
].
(b)
Control group and non-control
group. The State Welfare Reform Control Group includes individuals identified
by the Texas Department of Human Services (DHS) whose AFDC eligibility and
benefits will continue to be determined by DHS according to federal regulations
and DHS rules other than rules resulting from Human Resources Code, §31.0031(d).
This group consists of recipients who are identified by the last Social Security
Number digits 3, 4, 5, 8, or 9 of the household member selected based on a
statistically valid hierarchy process in offices and/or counties selected
by DHS approved by the Department of Health and Human Services (DHHS). If
a recipient identified as a member of the control group moves to a non-control
group area, his status changes to non-control group. All clients not identified
as members of the control group are considered members of the non-control
group.]
(c)
Changes that result from adding
household members. If a client who has been identified as a control group
client pursuant to subsection (b) of this section is added to a case identified
as a non-control group case pursuant to this section or §3.6002 of this
title (relating to Applicability of Aid to Families with Dependent Children
(AFDC) Policies Resulting from Human Resources Code, §31.0065, Relating
to Time-Limits) or §3.6003 of this title (relating to Applicability of
Aid to Families with Dependent Children (AFDC) Policies Resulting from Human
Resources Code, §31.0035, Relating to Transitional Benefits), all the
clients on the case are then considered non-control group clients in this
subchapter. This is also the result if a person identified as a non-control
group member pursuant to this section, §3.6002 of this title (relating
to Applicability of Aid to Families with Dependent Children (AFDC) Policies
Resulting from Human Resources Code, §31.0065, Relating to Time-Limits)
or §3.6003 of this title (relating to Applicability of Aid to Families
with Dependent Children (AFDC) Policies Resulting from Human Resources Code, §31.0035,
Relating to Transitional Benefits), is added to a case identified as a control
group case pursuant to this section.]
(d)
When non-control/non-experimental
group members move. If a person identified as a non- control/non-experimental
group member in this section, §3.6002 of this title (relating to Applicability
of Aid to Families with Dependent Children (AFDC) Policies Resulting from
Human Resource Code §31.0065, Relating to Time-Limits), or §3.6003
of this title (relating to Applicability of Aid to Families with Dependent
Children (AFDC) Policies Resulting from Human Resources Code, §31.0035,
Relating to Transitional Benefits) is added to a case identified as a control
group case pursuant to this section, the client who moved is also considered
a control group client in this subchapter.]
Aid to Families with Dependent Children (AFDC)] Policies Resulting from Human Resources Code, §31.0065, Relating to Time-Limits.
(a)
Time limits.
] The time-limitation
policies specified in Human Resources Code, §31.0065
,
apply
to all
TANF
[
AFDC
] cases in areas designated by the
Texas Department of Human Services (DHS)[
, except cases identified as
belonging to the State Welfare Reform Control Group for this subchapter. For
purposes of applying AFDC time limits, DHS designates only counties in which
support services are available as required by the Human Resources Code, §31.0065(a)
].
(b)
Control group for time-limits.
The control group for this purpose includes individuals identified by DHS
whose AFDC eligibility and benefits will continue to be determined by DHS
according to federal regulations and DHS rules other than rules resulting
from Human Resources Code, §31.0065. This group consists of current recipients
who are identified by the last Social Security Number digits 3,4, 5, 8, or
9 of the household member selected based on a statistically valid hierarchy
process in offices and/or counties selected by DHS and approved by the federal
Department of Health and Human Services (DHHS). All clients not identified
as members of the control group are considered as members of the non-control
group. If a recipient identified as a member of the control group moves to
a non-control group area, his status changes to non-control group.]
(c)
Changes that result from adding
household members. If a client who has been identified as a control group
client pursuant to subsection (b) of this section is added to a case identified
as a non-control group case pursuant to this section or §3.6001 of this
title (relating to Applicability of Aid to Families with Dependent Children
(AFDC) Policies Resulting from Human Resources Code, §31.0031, Relating
to the Personal Responsibility Agreement) or §3.6003 of this title (relating
to Applicability of Aid to Families with Dependent Children (AFDC) Policies
Resulting from Human Resources Code, §31.0035, Relating to Transitional
Benefits) all the clients on the case are then considered non-control group
clients for this subchapter. This is also the result if a person identified
as a non-control group member pursuant to this section or §3.6001 of
this title (relating to Applicability of Aid to Families with Dependent Children
(AFDC) Policies Resulting from Human Resources Code, §31.0031, Relating
to the Personal Responsibility Agreement) or §3.6003 of this title (relating
to Applicability of Aid to Families with Dependent Children (AFDC) Policies
Resulting from Human Resources Code, §31.0035, Relating to Transitional
Benefits) is added to a case identified as a control group case pursuant to
this section.]
(d)
When non-control/non-experimental
group members move. If a person identified as a non- control/non-experimental
group member in this section, §3.6001 of this title (relating to Applicability
of Aid to Families with Dependent Children (AFDC) Policies Resulting from
Human Resource Code §31.0031, Relating to Personal Responsibility Agreement),
or §3.6003 of this title (relating to Applicability of Aid to Families
with Dependent Children (AFDC) Policies Resulting from Human Resources Code, §31.0035,
Relating to Transitional Benefits) is added to a case identified as a control
group case pursuant to this section, the client who moved is also considered
a control group client in this subchapter.]
Subchapter SS. ONE-TIME TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
unless the case is identified as belonging to the State Welfare Reform
Control Group
].
Chapter 3.
TEXAS WORKS