| (a) A parent, provider, or any other person in a position
to commit fraud may be suspected of fraud if the person presents or
causes to be presented to the Board or its child care contractor one
or more of the following items:
(1) A request for reimbursement in excess of the amount
charged by the provider for the child care; or
(2) A claim for child care services if evidence indicates
that the person may have:
(A) known, or should have known, that child care services
were not provided as claimed;
(B) known, or should have known, that information provided
is false or fraudulent;
(C) received child care services during a period in
which the parent or child was not eligible for services;
(D) known, or should have known, that child care subsidies
were provided to a person not eligible to be a provider; or
(E) otherwise indicated that the person knew or should
have known that the actions were in violation of this chapter or state
or federal statute or regulations relating to child care services.
(b) The following parental actions may be grounds for
suspected fraud and cause for Boards to conduct fraud fact-finding
or the Commission to initiate a fraud investigation:
(1) Not reporting or falsely reporting at initial eligibility
or at eligibility redetermination:
(A) household composition, or income sources or amounts
that would have resulted in ineligibility or a higher parent share
of cost; or
(B) work, training, or education hours that would have
resulted in ineligibility; or
(2) Not reporting during the 12-month eligibility period
inclusive of the three-month initial job search period, if applicable:
(A) changes in income or household composition that
would cause the family income to exceed 85 percent of SMI (taking
into consideration fluctuations of income); or
(B) a permanent loss of job or cessation of training
or education that exceeds three months; or
(C) improper or inaccurate reporting of attendance.
|
| Source Note: The provisions of this §809.112 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective October 3, 2022, 47 TexReg 6437 |
