(a) A Board shall ensure that cooperation by Choices
participants is verified each month to ensure that the Choices participants:
(1) comply with Choices program requirements as set
forth in the FEP, as described in §811.23 of this chapter; or
(2) have good cause as described in §811.16 of
this subchapter.
(b) If Choices participants have not cooperated with
Choices program requirements and do not have good cause, a Board shall
ensure that:
(1) a penalty is requested for mandatory Choices participants;
or
(2) Choices services and support services, except Commission-funded
child care, are terminated for exempt Choices participants; and
(3) Choices child care is provided as needed, as specified
in §809.45 of this title.
(c) A Board shall ensure that timely and reasonable
attempts, as defined by the Agency, are made to contact a mandatory
Choices participant prior to requesting a penalty to:
(1) determine the reason for noncooperation and whether
good cause is applicable, as described in §811.16(c) of this
subchapter;
(2) inform the mandatory Choices participant of:
(A) the violation if good cause has not been determined;
(B) the right to appeal; and
(C) the necessary procedures to demonstrate cooperation.
(d) A Board shall ensure that timely and reasonable
attempts, as defined by the Agency, are made to contact a sanctioned
family and conditional applicants upon discovery of noncooperation
during their demonstrated cooperation period to determine if good
cause exists.
(e) A Board shall ensure that the reasonable attempts
to contact a mandatory Choices participant are documented in the TWC
case management system.
(f) A Board shall ensure that:
(1) HHSC is notified of a mandatory Choices participant's
failure to comply with Choices program requirements; and
(2) the notification of noncooperation is submitted
as early as possible in the same month in which the noncooperation
occurs.
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Source Note: The provisions of this §811.14 adopted to be effective November 18, 2003, 28 TexReg 10261; amended to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180; amended to be effective December 3, 2018, 43 TexReg 7801; amended to be effective May 20, 2024, 49 TexReg 3587 |