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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER NFAMILY COST SHARE SYSTEM
RULE §108.1437Extraordinary Circumstances

(a) The contractor must develop a local process to reconsider and adjust the current or overdue family cost share obligation based on extraordinary circumstances.

(b) Only the program director or designated administrator has authority to reconsider and adjust the family cost share obligation. The reconsideration may include an assessment of the parent's ability to pay the family cost share obligation in any particular month(s).

(c) Extraordinary circumstances that require a reconsideration of the family cost share obligation are:

  (1) increase or decrease in income;

  (2) unexpected short-term medical expenses;

  (3) unanticipated childcare or respite expenses;

  (4) change in family size;

  (5) catastrophic loss such as fire, flood, or tornado;

  (6) short-term financial hardship such as major repair to the family home or car; or

  (7) other extenuating circumstances for which the family requests reconsideration.

(d) The parent must attest in writing that information regarding extraordinary circumstances is true and accurate. The contractor may implement written local policy requiring verification of extraordinary circumstances from families, or the contractor may rely solely on the family's required written attestation. The contractor must deny a request for reconsideration if the parent refuses to provide written attestation that the information related to extraordinary circumstances is true and accurate.

(e) The family's last signed IFSP and family cost share agreement remain in effect during the reconsideration process.


Source Note: The provisions of this §108.1437 adopted to be effective May 1, 2014, 39 TexReg 3449

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