SECTION 372.1154. Cooperating with Personal Responsibility Agreement Requirements

(a) Child support.

(1) A person cooperates with this requirement:

(A) for a person who is not exempt, by:

(i) assigning the right to receive child support payments to the State of Texas;

(ii) providing information to the Texas Health and Human Services Commission (HHSC) for a referral to the Office of the Attorney General (OAG) to, if necessary, establish the paternity of a dependent child;

(iii) providing information to HHSC for a referral to the OAG to, if necessary, establish or enforce child and medical support; or

(iv) cooperating with Title IV-D program rules as specified in §55.3 and §55.4 of this title (relating to Cooperation Required for Recipients of Child Support Services; and Determination of Cooperation); or

(B) for a person who claims to be exempt, by providing HHSC any requested information to verify the exemption.

(2) A person is exempt from the child support requirement if the OAG or HHSC determines:

(A) the person is a participant in the TANF State Program;

(B) the child was conceived as a result of incest or rape;

(C) adoption proceedings for the child are pending and the parent of the child, for three months or less, has been working with an agency to decide whether to place the child for adoption;

(D) the child may be physically or emotionally harmed by cooperation;

(E) the parent may be physically harmed, or emotionally harmed to the extent of impairing the parent's ability to care for the child, by cooperation; or

(F) the requirement is waived under 45 CFR §260.52(c) in accordance with the requirements of the Texas Human Resources Code, §31.0322.

(b) Children's health checkups.

(1) A person cooperates with this requirement by:

(A) enrolling the child in the Texas Health Steps Program administered by the Texas Department of State Health Services (DSHS);

(B) ensuring that the child participates in the Texas Health Steps Program; and

(C) providing DSHS any requested verification of cooperation.

(2) HHSC communicates with DSHS, or the Medicaid insurance carrier that DSHS contracts with, to verify cooperation with this requirement.

(c) Children's immunizations. A person cooperates with this requirement:

(1) for a child who is not exempt, by:

(A) ensuring that the child receives all appropriate immunization shots on schedule (or in accordance with any alternate immunization schedule prescribed for the child); and

(B) submitting verification to HHSC in the form of an immunization record from a licensed medical professional or a record showing the child attends a public school; or

(2) for a child who is exempt under the Texas Health and Safety Code, §161.004, by verifying the exemption to HHSC with information such as:

(A) medical records indicating or a statement from a licensed physician stating that immunization is not in the child's best medical interests; or

(B) a statement by the caretaker or parent that the requirement violates the caretaker's or parent's religious beliefs or conscience.

(d) Children's school attendance. A person cooperates with this requirement:

(1) for a child who is not exempt, by:

(A) ensuring regular school attendance by each person in the household subject to the requirement; and

(B) submitting verification to HHSC on request, such as a written or oral statement from the school; or

(2) for a child who is exempt under the Texas Education Code, §25.086, by providing HHSC any requested information that would verify the exemption.

(e) No drug or alcohol abuse. HHSC verifies cooperation with this requirement by obtaining criminal history information on the person from the Texas Department of Public Safety or another law enforcement agency. HHSC considers a person to be cooperating with this requirement if the person is neither convicted of nor receives deferred adjudication for:

(1) a crime involving alcohol abuse; or

(2) an offense under the Texas Health and Safety Code, Chapter 481, involving marijuana or another controlled substance.

(f) Retaining employment. A person cooperates with this requirement by not voluntarily quitting a job of 30 or more hours per week without good cause to do so. HHSC determines cooperation with this requirement. When HHSC learns that the person no longer has the job, HHSC investigates and decides whether the work separation was a voluntary quit, and if so, whether there was good cause to quit under §372.1156 of this division (relating to Good Cause for Noncooperation with Personal Responsibility Agreement Requirements).

(1) Voluntarily quitting a job means any separation from employment that HHSC determines was initiated by the person, regardless of whether the employer or the person claims that the person resigned or was fired. For example, HHSC may decide the work separation was not a voluntary quit if a person resigned at the employer's demand. Similarly, HHSC may decide the work separation was a voluntary quit when a person is fired for reasons such as leaving a job unannounced.

(2) HHSC does not consider either of the following to be a separation from employment:

(A) a reduction in work hours below 30 per week, if the person continues to work for the same employer; or

(B) the ending of a self-employment enterprise.

(g) Activities toward becoming self-sufficient.

(1) A person who is not exempt cooperates with this requirement by enrolling and participating in the Choices work program administered by the Texas Workforce Commission (TWC). TWC determines cooperation with the Choices work program and informs HHSC of noncooperation.

(2) A person who claims to be exempt from this requirement cooperates by demonstrating the exemption to HHSC or TWC.

(3) A person is exempt from this requirement (but may choose to voluntarily participate, as applicable) if the person:

(A) chooses the One-Time TANF benefit instead of regular TANF benefits, as explained in §372.802 of this chapter (relating to One-Time TANF Eligibility Requirements);

(B) lives in a county that does not offer Choices work program services;

(C) is a caretaker relative of a disabled person who lives in the home and requires the caretaker relative's presence, or is a single person caring for a child under one year of age;

(D) is a single grandparent 50 years of age or older caring for a child under three years of age;

(E) is disabled and the disability is expected to last more than 180 days;

(F) is pregnant and unable to work as a result of the pregnancy; or

(G) is 60 years of age or older.

(h) Parenting skills training. A person cooperates with this requirement by:

(1) ensuring that each minor parent in the certified group and each parent in the certified group with a child in the home under five years of age attends parenting skills training classes; and

(2) submitting verification to HHSC, such as a written or oral statement from the provider of the training.

Source Note: The provisions of this §372.1154 adopted to be effective September 1, 2009, 34 TexReg 5361; amended to be effective November 20, 2016, 41 TexReg 9009