Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter Q. DEPRIVATION
40 TAC §3.1701
The Texas Department of Human Services (DHS) adopts the repeal
of §3.1701, without changes to the proposal published in the May 9, 2003,
issue of the
Texas Register
(28 TexReg 3807).
Justification for the repeal is to delete an obsolete rule. As a result
of implementation of House Bill 1863, enacted by the 74th Texas Legislature
in 1995, DHS certifies Temporary Assistance for Needy Families (TANF) households
who meet TANF income and resource requirements regardless of the reason the
children are deprived. The rule in Subchapter Q is, therefore, obsolete. The
repeal is adopted as part of a larger effort to review and update DHS rules.
DHS received no comments regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeal implements the Human Resources Code, §§31.001 - 31.081.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 3, 2003.
TRD-200304095
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 23, 2003
Proposal publication date: May 9, 2003
For further information, please call: (512) 438-3734
Chapter 811.
CHOICES
The Texas Workforce Commission (Commission) adopts amendments to Chapter
811, concerning Choices, Subchapter A, §811.2 and §811.3, concerning
General Provisions; Subchapter B, §§811.11, 811.12, and 811.14,
concerning Access to Choices Services; Subchapter C, §§811.22, 811.23,
811.26, concerning Choices Services; Subchapter E, §811.61, concerning
Support Services and Other Initiatives. The Commission also adopts new Chapter
811, Subchapter C, §811.30, concerning Special Provisions Regarding Persons
with Disabilities. Sections 811.2, 811.3, 811.11, and 811.14 are adopted with
changes to the proposed text as published in the January 31, 2003, issue of
the
Texas Register
(28 TexReg 919). Sections
811.12, 811.22, 811.23, 811.26, 811.30, and 811.61 are adopted without changes
and the text will not be republished.
In general, the Commission adopts amendments to the Choices rules to conform
with legislative changes, as well as to conform with other state agency rules.
Background. The 77th Legislature enacted Texas Human Resources Code, §31.0066
relating to hardship exemptions from federal time limits for receiving cash
assistance under Temporary Assistance for Needy Families (TANF) (Senate Bill
45, 77th Legislature, Regular Session, 2001). This law directs the Commission,
the Texas Department of Human Services (TDHS) and the Health and Human Services
Commission (HHSC) to adopt rules establishing federal hardship exemptions
to the TANF 60-month time limit that identify circumstances that reasonably
prevent recipients of financial assistance from becoming self-supporting before
the expiration of the period specified by federal law.
The Commission adopts a change to the rule to recognize the special needs
of recipients of temporary cash assistance (recipients) who are approaching
their state or federal time limit, or those that receive extended TANF benefits.
The Commission proposed that targeted services, as defined by the Boards,
be provided to recipients who are approaching their state or federal time
limit to ensure that they receive an adequate opportunity to access employment
services. The Commission also adopts the requirement that Boards serve mandatory
recipients receiving a 60-month time limit hardship exemption. These extended
TANF recipients continue to receive cash assistance past their 60-month time
limit. The receipt of extended temporary cash assistance is contingent upon
the recipient's participation in Choices services.
In the proposed rules, the Commission included language to require Boards
to outreach recipients who receive a state hardship exemption (i.e., those
who continue to receive benefits past their state time limit), as well as
recipients who receive TANF benefits past their 60-month time limit, with
both of these populations included in the definition of "Extended TANF Recipient."
In the final rule, the Commission clarifies the definition of Extended TANF
Recipient to exclude recipients who receive a state hardship exemption. This
change is based on input from the TDHS. TDHS indicates that because of automation
limitations, it recognizes as mandatory only individuals who receive benefits
past their 60-month time limit. Based on this automation limitation, the Commission's
final rule clarifies that Boards are required to outreach only Extended TANF
Recipients who receive benefits past their 60-month time limit. However, the
Commission continues to encourage Boards to outreach state hardship recipients
on a voluntary basis.
It is the Commission's intent to provide Boards with information on TANF
recipients who are approaching their state or federal time limit. This will
allow Boards to plan for the delivery of services to these recipients prior
to the expiration of their TANF cash assistance. The Commission recommends
that Boards ensure that these individuals receive all appropriate screenings
to determine if there are other factors that may preclude job entry, and focus
on targeted services to provide appropriate job referrals. The Commission
seeks to ensure that all available services are offered and provided to recipients
who are in danger of losing their TANF cash assistance.
A portion of individuals whose TANF cash assistance has expired may still
be eligible for an exemption or hardship to the 60-month time limit. These
mandatory recipients must participate in Choices services as a condition of
continued eligibility and must be offered Choices services. The Commission
encourages Boards to develop meaningful services that identify employment
opportunities appropriate for the skills and background of these extended
TANF recipients.
The Commission also addressed requirements concerning Alternative Workforce
Orientation for Applicants (WOAs). WOAs are designed as orientations to services
available at workforce centers for Applicants of TANF (TANF Applicants) to
educate them on opportunities for connecting with immediate employment instead
of becoming dependent upon public assistance. Staff of the Commission and
TDHS worked jointly to develop a new requirement for the delivery of WOAs.
As a result, TDHS published rules to require all TANF Applicants to attend
a regularly scheduled WOA, unless extraordinary circumstances prevented such
attendance. If extraordinary circumstances prevent attendance, TANF Applicants
are required to attend an Alternative WOA. The Choices rule changes are designed
to require that Boards ensure that methods of delivering Alternative WOAs
are developed, which may include providing information by phone, in person,
or through the use of information on videotape.
The Commission modifies provisions for recipients with disabilities. The
proposed rules included changes to allow disabled recipients to volunteer
for a specified number of hours identified by a physician. TDHS subsequently
modified its procedures to clarify that disabled recipients who have physician-identified
hours are considered mandatory.
Specifically, the Commission adopts a special provision to recognize the
number of hours a disabled recipient is able to participate based upon information
provided by a physician. Therefore, if a physician confirms that a disabled
recipient may participate for 10 hours per week, the mandatory recipient must
receive necessary support services to enable his or her participation. In
addition, the disabled recipient will count as engaged in activities for participation
purposes based on the number of physician-identified hours.
Additional modifications were proposed concerning mandatory recipients
who are needed to care for a disabled adult in the household, and for recipients
who are caretakers of an ill or disabled child in the household. These recipients
will also have an hourly participation requirement based upon the number of
physician-identified hours.
The Commission rules permit mandatory recipients who are disabled or who
care for a disabled adult or ill or disabled child to be temporarily excluded
from the mandatory community service requirement after four weeks in Choices.
This temporary exclusion allows Boards the time necessary to coordinate appropriate
community service sites for these recipients. It is the Commission's intent
to rescind this exclusion at a later date. A disabled recipient is eligible
to receive specialized services from a rehabilitation organization that may
be provided under 'Vocational Educational Training' activity; however, only
30 percent of a Board's participation rate numerator may be derived from recipients
in certain education activities. The recipient caring for a disabled adult
or ill or disabled child is eligible to receive any allowable Choices activities.
Family violence requirements contained in Texas Human Resources Code §31.0322,
as amended by House Bill 1175, 77th Legislature, Regular Session, 2001, are
also addressed. The proposed amendments place into rule the following legislatively
mandated requirements: 1) train certain local staff in family violence issues;
2) ensure reasonable attempts are made to contact TANF recipients prior to
applying penalties; and 3) ensure family violence specialists interview TANF
recipients who are identified as being victims of family violence.
The rule changes are intended to reflect the guidance provided by the Commission
regarding the requirements of this law. Boards requested additional guidance
on what constitutes 'reasonable attempt', especially as it relates to recipients
who did not respond to outreach versus recipients who are actively engaged
in Choices services. The Commission provides the following guidance to Boards
with regard to the definition of 'reasonable attempts'. A 'reasonable attempt'
may be defined differently for recipients who have been outreached but have
never interacted with workforce center staff. For these recipients, a 'reasonable
attempt' may include a second outreach letter inquiring about the status of
their non-response. Boards have indicated that for recipients who are actively
engaged in Choices services, 'reasonable attempts' are more effective when
they include not only second outreach letters, but also phone calls or home
visits if practical. Boards may tailor their definition of 'reasonable attempt'
based on geographical location and individual client circumstances.
In §811.2, the rule contains a new definition for Extended TANF recipient.
In §811.3, the rule contains instructions on serving persons who are
within 6 and 12 months of timing out, or who are receiving extended TANF benefits
past their 60-month time limit.
In §811.11, the rule provides clarification on the provision of scheduled
and alternative WOAs. Amendments are also proposed addressing the family violence
requirements.
In §811.12, the rule clarifies that TANF applicants may attend either
a scheduled or alternative WOA.
In §811.14, the rule contains a technical amendment to change a reference
from 'domestic violence' to 'family violence', and a technical amendment clarifying
the length of time good cause for family violence may be provided. Specifically,
the rule clarifies that good cause for family violence may be granted for
up to 12 months for each occurrence.
In §811.22 and §811.23, the rule contains technical amendments
regarding family violence.
In §811.26, the rule contains technical amendments to clarify that
mandatory recipients who are disabled, and mandatory recipients caring for
a disabled adult in the household or caring for an ill or disabled relative
child, participating in Choices services are not subject to the mandatory
community service requirement after four weeks of participation in Choices.
This rule will reflect the ability of these recipients to participate in rehabilitation
services provided by the Texas Rehabilitation Commission or other similar
organizations.
In §811.30, the rule contains new language regarding participation
requirements for disabled recipients, recipients caring for a disabled adult
in the household, and recipients caring for an ill or disabled relative child,
which recognizes the hours the individual is able to work, as specified by
a physician.
In §811.61, the rule contains a technical amendment to appropriately
cross-reference new §811.30.
Coordination with Stakeholders: Prior to proposing these rule amendments,
the Commission circulated a policy concept paper outlining the changes to
the Board chairs, members and executive directors, the Workforce Leadership
of Texas (WLT) Policy Committee, and the Texas Department of Human Services.
In addition, staff of the Commission, during a conference call with the Board
executive directors, and at a WLT Policy Committee meeting reviewed the policy
concept paper and requested feedback on the draft policy changes.
Comments were received from TDHS. The comment summaries and responses are
as follows:
Comment: Regarding §811.2(5), the commenter expressed concern over
the proposed definition of Extended TANF Recipient. The proposed definition
defined Extended TANF Recipient as a person receiving TANF past the person's
state or federal time limit. The commenter suggested that the definition be
changed to be consistent with TDHS rule language, which defines Extended TANF
Recipients as individuals who have reached their 60th month of assistance.
For consistency, the commenter recommends deleting the word "state" from the
definition.
Response: The Commission agrees with the comment that the definition of
Extended TANF Recipient should include only recipients who have reached their
60-month time limit, and will amend the rule accordingly.
Comment: Regarding §811.3(c)(7)(C), the commenter recommended the
deletion of the requirement to serve recipients who are receiving the state
hardship exemption as a targeted population. The commenter specifically suggested
the language be changed to serve these recipients as volunteers.
Response: Based on the current TDHS automation limitation, the Commission
agrees with the comment and will remove the reference in the rule to the state
hardship exemption. TDHS indicates that the automation changes necessary to
serve this population are not cost effective. The Commission continues to
encourage Boards to serve these recipients as volunteers.
Comment: Regarding §811.11(e), the commenter recommended that the
rule be clarified to indicate whether it is referencing a state or federal
time limit hardship exemption or other exemptions.
Response: Although the rule references §811.3(c)(7)(C), which addresses
this issue, the Commission agrees further clarification is beneficial. The
Commission will amend the rule to indicate clearly that the exemption applies
only to Extended TANF Recipients.
For information about the Commission, including services for employers
and workers, please visit our web page at www.texasworkforce.org.
Subchapter A. GENERAL PROVISIONS
40 TAC §811.2, §811.3
The amendments are adopted under Texas Labor Code, §301.061
which provides the Texas Workforce Commission (Commission) with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Commission activities and services, and under Chapter 31
including §31.0322 and §31.0066 of the Human Resources Code which
requires the Commission to administer the work requirements for recipients
of public assistance.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the amendments as well as Texas Human Resources Code,
Chapter 31 regarding public assistance.
§811.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Applicant--A person who applies for temporary cash assistance.
(2)
TDHS--The Texas Department of Human Services.
(3)
Exempt Recipient--A recipient who is not required as defined
by TDHS Rules, 40 TAC §3.1101, to participate in Choices services.
(4)
Earned Income Deduction (EID)--A standard work-related
and income deduction, available through the TDHS for four months, as defined
in TDHS Rules, 40 TAC §3.1003 to recipients who are employed at least
30 hours a week and earn at least $700 a month.
(5)
Extended TANF Recipient--A person who receives TANF cash
assistance past the date of the individual's 60-month limit due to a hardship
exemption as defined in TDHS Rules, 40 TAC §3.6001.
(6)
Former recipient--A person who is an adult or teen head
of household who no longer receives temporary cash assistance.
(7)
Choices Individual--A person who is an applicant, recipient
or former recipient as defined in this section.
(8)
Mandatory Recipient--A recipient, including Extended TANF
recipients who are required as defined by TDHS Rules, 40 TAC §3.1101
and §3.6001 to participate in Choices services.
(9)
PRWORA--The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105, as amended.
(10)
Recipient--A person who is an adult or teen head of household
who receives temporary cash assistance.
(11)
Temporary cash assistance--The cash grant provided through
TDHS to individuals who meet certain residency, income, and resource criteria
as provided under federal and state statutes and regulations, including the
PRWORA, the TANF block grant statutes, the TANF State Plan, temporary cash
assistance provided under Texas Human Resources Code Chapters 31 or 34, and
other related regulations.
(12)
Work-Based Services--Includes those services defined in
Human Resources Code §31.0126.
(13)
Work Ready--A Choices individual is considered work ready
if he or she has the skills that are required by employers in the workforce
area. A Board must ensure immediate access to the labor market to determine
whether the Choices individual has those necessary skills to obtain employment.
§811.3.Choices Service Strategy.
(a)
A Board shall ensure that its strategic planning process
includes an analysis of the local labor market to:
(1)
determine employers' needs;
(2)
determine emerging and demand occupations; and
(3)
identify employment opportunities, which includes those
with a potential for career advancement.
(b)
A Board shall set local policies for a Choices service
strategy that coordinates various service delivery approaches to:
(1)
assist applicants in gaining employment as an alternative
to public assistance;
(2)
utilize a work first design as referenced in subsection
(c)(2) of this section to provide recipients participating in Choices access
to the labor market; and
(3)
assist former recipients in job retention and career advancement
to remain independent of temporary cash assistance.
(c)
The Choices service strategy shall include:
(1)
Workforce Orientation for Applicants (WOA). As a condition
of eligibility, applicants are required to attend a workforce orientation
that includes information on options available to allow them to enter the
Texas workforce.
(2)
Work First Design.
(A)
The work first design:
(i)
allows individuals to take immediate advantage of the labor
market and secure employment, which is critical due to individual time-limited
benefits; and
(ii)
meets the needs of employers by linking individuals with
skills that match those job requirements identified by the employer.
(B)
Boards shall provide individuals access to other services
and activities available through the One-Stop Service Delivery Network, which
includes the WOA, to assist with employment in the labor market before certification
for temporary cash assistance.
(C)
Post-employment services shall be provided in order to
assist an individual's progress towards self-sufficiency as described in paragraph
(3) of this subsection and §811.51 of this chapter.
(D)
In order to assist an individual's progress toward self-sufficiency:
(i)
Boards shall provide recipients who are employed, including
those receiving the EID, with information on available post-employment services;
or
(ii)
Boards may provide former recipients with post-employment
services as determined by Board policy. The length of time these services
may be provided is subject to §811.51(e) of this chapter.
(E)
In order to assist employers, Boards shall coordinate with
local employers to address needs related to:
(i)
employee post-employment education or training;
(ii)
employee child care, transportation or other support services
available to obtain and retain employment; and
(iii)
employer tax credits.
(F)
A Board shall ensure that a family employment plan is based
on employer needs, individual skills and abilities, and individual time limits
for temporary cash assistance.
(3)
Post-Employment Services. A Board shall ensure that post-employment
services are designed to assist individuals with job retention, career advancement
and reemployment, as defined in §811.51 of this chapter. Post-employment
services are a continuum in the Choices service strategy to support an individual's
progression to self-sufficiency.
(4)
Adult Services. A Board shall ensure that services for
adults shall include activities individually designed to lead to employment
and self-sufficiency as quickly as possible.
(5)
Teen Services. A Board shall ensure that services for teen
heads of household shall include assistance with completion of secondary school
or a certificate of general equivalence and making the transition from school
to employment, as described in §811.27 and §811.50 of this chapter.
(6)
Individuals with Disabilities. A Board shall ensure that
services for individuals with disabilities include reasonable accommodations
to allow the individuals to access and participate in services, where applicable
by law A Board shall ensure that Memoranda of Understanding (MOU) are established
with the appropriate agencies to serve individuals with disabilities.
(7)
Target Populations. A Board shall ensure that services
are concentrated, as further defined in §811.11(d) and (e) of this chapter,
on the needs of the following:
(A)
recipients who have 6 months or less remaining of their
state TANF time limit, irrespective of any extension of time due to a hardship
exemption;
(B)
recipients who have twelve months or less remaining of
their 60-month TANF time limit, irrespective of any extension of time due
to a hardship exemption; and
(C)
recipients who are Extended TANF Recipients.
(8)
Local Flexibility. A Board may develop additional service
strategies that are consistent with the goal and purpose of this chapter and
the One-Stop Service Delivery Network.
(9)
Local-Level MOU. A Board shall ensure the development of
a local-level MOU in cooperation with TDHS for coordinated case management
that is consistent with the MOU between TDHS and the Commission.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 2, 2003.
TRD-200304072
John Moore
General Counsel
Texas Workforce Commission
Effective date: July 22, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.11, 811.12, 811.14
The amendments are adopted under Texas Labor Code, §301.061
which provides the Texas Workforce Commission (Commission) with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Commission activities and services, and under Chapter 31
including §31.0322 and §31.0066 of the Human Resources Code which
requires the Commission to administer the work requirements for recipients
of public assistance.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the amendments as well as Texas Human Resources Code,
Chapter 31 regarding public assistance.
§811.11.Board Responsibilities.
(a)
A Board shall ensure that:
(1)
procedures are developed, in conjunction with TDHS, to
notify applicants on the availability of regularly scheduled Workforce Orientations
for Applicants (WOA) and alternative WOAs;
(2)
the WOA is offered frequently enough to allow applicants
to comply with the TDHS requirement that gives applicants ten calendar days
to attend a WOA;
(3)
during a regularly scheduled WOA or alternative WOA, applicants
are informed of:
(A)
employment services available through the One-Stop Service
Delivery Network to assist applicants in achieving self-sufficiency without
the need for temporary cash assistance;
(B)
benefits of becoming employed;
(C)
impact of time-limited benefits;
(D)
individual and parental responsibilities; and
(E)
other services and activities, including education and
training, available through the One-Stop Service Delivery Network;
(4)
alternative WOAs are developed that allow applicants with
extraordinary circumstances to receive the information listed in paragraph
(3) of this subsection;
(5)
procedures are developed to notify TDHS of applicants that
contacted the Board's workforce centers to request alternative WOAs;
(6)
verification that an applicant attends a scheduled or alternative
WOA is completed and TDHS is notified in accordance with TDHS rule, 40 TAC §3.7301;
and
(7)
applicants are provided with an appointment to develop
a family employment plan.
(b)
A Board shall ensure that Choices services are offered
to applicants who attend WOA.
(c)
A Board shall ensure that recipient status is verified
monthly and recipients either:
(1)
comply with Choices services requirements as outlined in
the family employment plan unless the recipient is exempted by TDHS; or
(2)
have good cause as described in §811.14 of this subchapter
(relating to Good Cause for Recipients).
(d)
A Board shall develop policies and procedures to ensure
that services are concentrated on individuals approaching their state or federal
time limit, as identified in §811.3(c)(7)(A) and (B) of this chapter.
Concentrated services may include targeted outreach, enhanced analysis of
circumstances that may limit a recipient's ability to participate, and targeted
job development.
(e)
A Board shall ensure that all Extended TANF Recipients
are outreached and offered the opportunity to participate in Choices activities.
(f)
A Board shall ensure that post-employment services, including
job retention and career advancement services, are available to recipients,
including those receiving EID.
(g)
A Board shall ensure that the monitoring of Choices requirements
and activities is ongoing and frequent, as determined by a Board, and consists
of the following:
(1)
ensuring receipt of support services
(2)
tracking and reporting of support services;
(3)
tracking and reporting actual hours of participation, at
least monthly;
(4)
determining and arranging for any intervention needed to
assist the individual in complying with Choices service requirements;
(5)
ensuring that the individual is progressing toward achieving
the goals and objectives in the family employment plan; and
(6)
monitoring all other participation requirements.
(h)
A Board shall ensure that:
(1)
no less than four hours of training regarding family violence
is provided to staff who:
(A)
provide information to an applicant or recipient of temporary
cash assistance;
(B)
recommend penalties or grant good cause; or
(C)
provide employment planning or employment retention services;
and
(2)
recipients who are identified as being victims of family
violence are referred to an individual or an agency that specializes in issues
involving family violence.
(i)
A Board shall ensure that:
(1)
reasonable attempts, as defined by the Board, are made
to contact a recipient prior to initiating a penalty to determine the reason
for non-compliance;
(2)
the attempts to contact a recipient are documented; and
(3)
notification is made to TDHS if a recipient fails to comply
with Choices services requirements.
(j)
A Board shall ensure that documentation is obtained and
maintained regarding all contact with Choices individuals and data entered
into TWIST.
§811.14.Good Cause for Recipients.
(a)
Good cause applies only to recipients. A Board shall ensure
whether the recipient has good cause as provided in this chapter.
(b)
A Board shall ensure that a good cause determination:
(1)
is based on the individual circumstances of the recipient;
(2)
is based on face-to-face or telephone contact with the
recipient;
(3)
covers a temporary period when a recipient may be unable
to attend scheduled appointments or participate in ongoing work activities;
(4)
is made at the time the change in the recipient's circumstances
is made known to the Board's service provider; and
(5)
is conditional upon efforts to enable the recipient to
address circumstances that limit the ability to participate in Choices services
as required in the Personal Responsibility Agreement.
(c)
The following reasons may constitute good cause for purposes
of this chapter if the mandatory recipient is unable to meet the participation
requirements due to:
(1)
temporary illness or incapacitation;
(2)
court appearance;
(3)
caring for a physically or mentally disabled household
member who requires the recipient's presence in the home;
(4)
a demonstration that there is:
(A)
no available transportation and the distance prohibits
walking; or
(B)
no available job within reasonable commuting distance,
as defined by the Board;
(5)
an inability to obtain needed child care, as defined by
the Board and based on the following reasons:
(A)
informal child care by a relative or under other arrangements
is unavailable or unsuitable, and based on, where applicable, Board policy
regarding child care as specified in §811.47 of this chapter. Informal
child care may also be determined unsuitable by the parent;
(B)
eligible formal child care providers are unavailable, as
defined in Chapter 809 of this title;
(C)
affordable formal child care arrangements within maximum
rates established by the Board are unavailable; and
(D)
formal or informal child care within a reasonable distance
from home or the work site is unavailable;
(6)
is without other support services necessary for participation;
(7)
receives a job referral that results in an offer below
the federal minimum wage, except when a lower wage is permissible under federal
minimum wage law;
(8)
is in a family crisis or a family circumstance that may
preclude participation, including substance abuse and mental health, provided
the recipient engages in problem resolution through appropriate referrals
for counseling and support services; or
(9)
is a victim of family violence.
(d)
A Board shall promulgate policies and procedures for determining
a family's inability to obtain child care and shall ensure that recipients
in single-parent families caring for children under age six are informed of:
(1)
the penalty exception to the family work requirement, including
the criteria and applicable definitions for determining whether a recipient
has demonstrated an inability to obtain needed child care, as defined in subsection
(c)(5)(A) - (D) of this section.
(2)
a Board's policy and procedures for determining a family's
inability to obtain needed child care, and any other requirements or procedures,
such as fair hearings, associated with this provision, as required by 45 CFR §261.56.
(e)
A Board shall ensure that good cause:
(1)
is reevaluated at least on a monthly basis;
(2)
is extended if the circumstances giving rise to the good
cause exception are not resolved after available resources to remedy the situation
have been considered; and
(3)
that is based on the existence of family violence does
not exceed a total of twelve consecutive months per occurrence.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on July 2, 2003.
TRD-200304075
John Moore
General Counsel
Texas Workforce Commission
Effective date: July 22, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 463-2573
Part 20.
TEXAS WORKFORCE COMMISSION
Subchapter B. ACCESS TO CHOICES SERVICES
Subchapter C. CHOICES SERVICES