| (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.
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