A-2120, Individual Responsibilities

Revision 12-3; Effective July 1, 2012

TANF

Apply the following policies of the PRA, as appropriate, to caretakers, second parents, certified children, payees, and disqualified adults.

 

A—2121 Choices

Revision 12-3; Effective July 1, 2012

 

 

A—2121.1 When the Individual Signs Form H1073

Revision 12-3; Effective July 1, 2012

TANF

Inform the caretaker and second parents about the Choices requirements and full-family sanctions for noncooperation with Choices if they are required to register. Use TANF policies and procedures in A-1800, Employment Services, for a caretaker and second parent who sign Form H1073, Personal Responsibility Agreement.

Related Policy

Noncooperation with Choices, A-1843
TANF-SP Procedures, A-1843.1
Action on Noncooperation, A-1845
Completing the Penalty Action, A-1845.2
Re-establishing Eligibility During the Penalty Period, A-1847
Determining Good Cause, A-1860

 

A—2121.2 Ending a Choices Penalty

Revision 12-3; Effective July 1, 2012

 

TANF

Complete or Incomplete Review — The penalty end date is the month of cooperation.

Related Policy
Ending an Open Penalty, A-2145

 

A—2122 Child Support

Revision 05-3; Effective July 1, 2005

 

 

 

A—2122.1 When the Individual Signs Form H1073

Revision 12-3; Effective July 1, 2012

 

TANF

Inform the caretaker, second parent, payee and disqualified adult of the child support requirements and the full-family sanction. Use current TANF policies and procedures found in A-1100, Child Support, for individuals who are required to sign Form H1073, Personal Responsibility Agreement.

Related Policy
TANF, A-1124
Counting Child Support, A-1326.2.1
Imposing a Penalty, A-2144
Ending an Open Penalty, A-2145

 

A—2122.2 Explanation of Child/Medical Support, Family Violence and Good Cause

Revision 12-3; Effective July 1, 2012

 

TANF

In addition to signing Form H1010, which constitutes the assignment of rights to child/medical support, the individual must also sign Form H1073, Personal Responsibility Agreement. Use Form H1712, Explanation of Child/Medical Support, Family Violence and Good Cause, to help the individual understand the child support requirements.

 

A—2122.3 Good Cause for Child Support Noncooperation

Revision 12-3; Effective July 1, 2012

 

TANF

Determine if the individual has good cause for not cooperating with child support requirements using TANF policy in A-1130, Explanation of Good Cause. If the individual has good cause, do not sanction the household.

 

A—2122.4 Starting a Child Support Penalty

Revision 12-3; Effective July 1, 2012

 

TANF

Use the following chart to determine when to start a penalty.

If the individual fails to cooperate with the child support requirements at ... then ...
application, complete review, or incomplete review, refer to A-2144, Imposing a Penalty.
reapplication, if the individual has ... then ...
- no open penalty, follow procedures in A-2131.2.1, Verifying Prior Cooperation Status at TANF Reappplication.
- an open penalty, follow procedures in A-2152,Second Noncooperation During Pay For Performance.

 

Note: A child support noncooperation is not applicable if the noncooperation occurred:

  • before Sept. 1, 2003, and the full-family sanction was never imposed; or
  • on or after Sept. 1, 2003, but before signing Form H1073. Advisors must not open new PRA penalties for noncooperations that occurred before they signed the PRA.

 

A—2122.5 Ending a Child Support Penalty

Revision 12-3; Effective July 1, 2012

 

TANF

If the individual cures his penalty or proves good cause, end the penalty following procedures in A-2145, Ending an Open Penalty. Note: If the individual reports cooperation with the Office of Attorney General (OAG) but the advisor has not received Form H1701, contact the child support officer for the date of cooperation.

 

A—2123 Voluntary Quit

Revision 12-3; Effective July 1, 2012

 

 

 

A—2123.1 When the Individual Signs Form H1073

Revision 12-3; Effective July 1, 2012

 

TANF

Inform the caretaker and/or second parent (including a minor parent who is a caretaker or second parent) that they must not voluntarily quit a job of 30 or more hours a week. Voluntary quit applies to a caretaker/second parent who:

  • signed the responsibility agreement;
  • is non-exempt from Choices requirements whether the individual lives in a full service Choices county or a minimum service Choices county; and
  • quit a job that was 30 hours or more a week without good cause.

A person has voluntarily quit a job if the individual:

  • lost a job because of participation in a strike; or
  • left a job unannounced or does not return to work without good cause, even if the person was technically fired.

A person is not considered to have voluntarily quit a job if the individual:

  • reduced hours of employment, but continues to work for the same employer;
  • ends a self-employment enterprise;
  • resigns a job at the employer's demand;
  • is currently on strike; or
  • has good cause.

Note: See A-1850 for Supplemental Nutrition Assistance Program (SNAP) Voluntary Quit policy.

 

A—2123.2 Failure to Cooperate with Voluntary Quit

Revision 12-3; Effective July 1, 2012

 

TANF

Determine whether the individual failed to cooperate at application, complete or incomplete review after signing Form H1073. If the individual voluntarily quit a job before signing Form H1073, voluntary quit does not apply.

See Advisor Action on Noncooperation in A-2123.5.

 

A—2123.3 Curing Voluntary Quit

Revision 05-3; Effective July 1, 2005

 

TANF

The individual may cure the voluntary quit penalty if the individual:

  • obtains a job working 30 hours or more a week; or
  • becomes exempt from Choices.

 

A—2123.4 Good Cause for Voluntary Quit Noncooperation

Revision 12-3; Effective July 1, 2012

 

TANF

Good cause exists when circumstances beyond the recipient's control prevent the person from cooperating with the requirements. Explore all reasons for good cause before establishing voluntary quit. Reasons for good cause are the same as the SNAP Reasons for Good Cause in A-1861 with the following exception.

Exception: Acceptance of a job that later does not materialize or results in employment of less than 30 hours a week or weekly earnings of less than federal minimum wage multiplied by 30 hours is not considered good cause.

 

A—2123.5 Advisor Action on Noncooperation

Revision 05-3; Effective July 1, 2005

 

TANF

Apply a full-family sanction until the individual cooperates.

 

A—2123.5.1 Starting a Voluntary Quit Penalty

Revision 12-3; Effective July 1, 2012

 

TANF

Use the following chart to determine when to start a penalty.

If the advisor determines an individual voluntarily quit a job at... then ...
initial application, start the full-family sanction the month of noncooperation if the individual signed Form H1073 before voluntarily quitting a job.
complete or incomplete review, refer to A-2144, Imposing a Penalty.
reapplication, if the individual has ... then ...
- no open voluntarily quit penalty, follow procedures in A-2131.2.1, Verifying Prior Cooperation Status at TANF Reappplication.
- an open penalty, follow procedures in A-2152, Second Noncooperation During Pay For Performance.

 

A—2124 Texas Health Steps Program

Revision 19-3; Effective July 1, 2019

 

 

 

A—2124.1 When the Person Signs Form H1073

Revision 19-3; Effective July 1, 2019

 

TANF

Inform a caretaker, second parent, payee, or disqualified adult who receives TANF for a child age two through 18 that the child must have:

  • a Texas Health Steps medical checkup per the Texas Health Steps schedule; or
  • good cause for not having the Texas Health Steps medical checkup.

Provide the caretaker, second parent, payee, or disqualified adult with the Texas Health Steps schedule (Texas Health Steps “Checkups Help Children Stay Healthy!”  ) for medical checkups and additional information provided by Texas Health Steps Outreach and Informing staff.

Related Policy
Texas Health Steps, A-1531

 

A—2124.1.1 Setting the Texas Health Steps Overdue Month

Revision 19-3; Effective July 1, 2019

 

TANF

TIERS calculates and sets an overdue month for applications and complete reviews. TIERS uses the Texas Health Steps medical schedule and the child's birthdate plus 12 months to determine the overdue month. The child's birth month is month zero. The overdue month begins the first calendar day of the 12th month. This is the same formula Texas Health Steps uses to determine the child's overdue month for a medical checkup.

Example: The household has a child who turns 6 on April 3. According to the Texas Health Steps schedule, the child is due for a checkup when the child turns age 6. Consider April as month zero, and add 12 months to determine the overdue month. In this example, if the child does not have a medical checkup by the end of March, the child is overdue beginning April 1.

 

A—2124.2 At the First Complete Review After the Caretaker or Second Parent Signs Form H1073

Revision 19-3; Effective July 1, 2019

 

TANF

Determine if the person failed to comply at each complete review after the person signs Form H1073. If the overdue month is before or in the complete review interview month, the child is overdue. After the interview month and you complete the EDG in the:

  • interview month, the child is not overdue; or
  • overdue month, the child is overdue and must be penalized if the child has not had a Texas Health Steps medical checkup. At the interview, refer the household to the Texas Health Steps worker for assistance.

Related Policy
Staff Action if the Overdue Month Is Before or In the Complete Review Interview Month, A-2124.3

 

A—2124.2.1 Determining if the Child had a Texas Health Steps Medical Checkup

Revision 19-3; Effective July 1, 2019

 

TANF

Determine if a child had a Texas Health Steps medical checkup using one of the following methods:

  • checking information in TIERS Data Collection;
  • verifying the checkup using Form H1087, Verification of Texas Health Steps Checkup; or
  • verifying and accepting a doctor's written statement if it:
    • is provided with the application or at the interview; and
    • provides enough information to determine a Texas Health Steps checkup has been completed.

Note:

  • Do not pend for a doctor's statement.
  • Follow the chart in A-2124.3, Staff Action if the Overdue Month is Before or In the Complete Review Interview Month, if the person states the child has had a checkup but does not have verification at the time of the interview.

 

A—2124.3 Staff Action if the Overdue Month Is Before or In the Complete Review Interview Month

Revision 19-3; Effective July 1, 2019

 

TANF

Determine if the child had a medical checkup and use the following chart to determine the action to take.

If at the complete review the checkup is ... then ...
not overdue, do not apply a penalty.
overdue, but proof of a medical checkup that occurred before the discovery date is provided, update the Texas Health Steps screening date in TIERS Data Collection.
overdue and the parent or guardian states the child had a checkup before the discovery date, but does not have proof,

fax Form H1087, Verification of Texas Health Steps Checkup, to Texas Health Steps staff at 512-533-3867. Do not refer the person to the Medicaid provider. Local Texas Health Steps staff will contact the Medicaid provider.

Pend the EDG to receive proof from Texas Health Steps staff. If proof is received within 10 days, update the Texas Health Steps screening date in TIERS Data Collection. TIERS recalculates a new overdue month.

Note: If proof is not received within 10 days, contact Toni Sanders at 512-919-1601

If Texas Health Steps informs staff that they need more than 10 days, allow an additional 10 days. If staff determine the additional 10 days may cause a delinquency, accept the person's statement that the child had a checkup and document in case comments. If Texas Health Steps provides proof of a checkup, take no further action. If Texas Health Steps states that a checkup did not occur, send Form TF0001, Notice of Case Action, advising the person of the sanction for noncooperation.

Note: The Texas Health Steps checkup date must be before the discovery date.

If the person has good cause for not complying, select the good cause reason. Refer to A-2124.5, Good Cause for Texas Health Steps Noncooperation.

overdue and the person states the TANF child has not had a checkup and that the person needs assistance making an appointment,
  • Refer the person to Texas Health Steps staff using Form H1093, Texas Health Steps Extra Effort Referral.
  • If the person has good cause for not complying, select the good cause reason. Refer to A-2124.5, Good Cause for Texas Health Steps Noncooperation.
  • Apply a penalty for each child out of compliance without good cause. Refer to A-2124.6, Starting a Texas Health Steps Penalty.

 

A—2124.4 Texas Health Steps Overdue Month at Application

Revision 19-3; Effective July 1, 2019

 

TANF

For applications received in the last benefit month or in the two months following the last benefit month, determine if the child was not cooperating with the Texas Health Steps requirement in the last benefit month.

If the overdue month is:

  • Before or in the last benefit month and a noncooperation has not been imposed, impose a full-family sanction.
  • After the last benefit month, do not impose a full-family sanction.

Related Policy
Verifying Prior Cooperation Status at TANF Reapplication, A-2131.2.1

 

A—2124.5 Good Cause for Texas Health Steps Noncooperation

Revision 19-3; Effective July 1, 2019

 

TANF

When a person fails to cooperate with the Texas Health Steps requirement, explore good cause before applying a penalty. The person may claim good cause for the following reasons:

  • Medical — A screening puts the child's health at risk. The person may provide medical records, a certificate, affidavit or statement from a licensed physician that the screening would be injurious to the health of the child. If verification from a Texas Health Steps worker indicates the child has had a screening within 12 months before the overdue date, allow a medical good cause. The Texas Health Steps worker will work with the provider to get the child back on schedule.
  • Religion — The family has a religious belief that does not allow the child to have a screening. The applicant may provide a verbal statement on behalf of the child stating that the screening conflicts with the practices of a recognized church or religious organization to which the family adheres.
  • No medical provider or transportation — There is no medical provider or transportation available within the geographic area. Regional Texas Health Steps staff provide this information to regional staff on a quarterly basis.

The person must provide proof for good cause. If staff determine the person has good cause for not cooperating with the Texas Health Steps requirements, select the good cause reason in TIERS Data Collection.

Use the following chart to determine when to start good cause.

If staff determine that good cause exists at ... and the person has ... then ...
a complete review, no open penalty, start good cause the month the person provides proof.
a complete review, an open penalty, start good cause the month after the person provides proof. End the penalty the month the person provides proof.
reapplication, no open penalty, start good cause the month of reapplication.
reapplication, an open penalty, start good cause the month of reapplication. End the penalty the month before the reapplication month. Exception: End the penalty the month of reapplication if the person reapplies in a month in which benefits were received.

 

Redetermine good cause at the next complete review. The good cause end date is the month staff determine the person no longer has good cause.

 

A—2124.6 Starting a Texas Health Steps Penalty

Revision 19-3; Effective July 1, 2019

 

TANF

Failure to comply with the Texas Health Steps schedule results in a full-family sanction.

Use the following chart to determine when to impose a full-family sanction.

If the person fails to cooperate with the Texas Health Steps requirements at ... then ...
complete review, refer to A-2144, Imposing a Penalty.
reapplication, if the person:
  • has an open penalty, follow procedures in A-2152, Second Noncooperation During Pay For Performance.
  • does not have an open penalty, See A-2131.2.1, Verifying Prior Cooperation Status at TANF Reapplication.

 

A—2124.7 Ending a Texas Health Steps Penalty

Revision 19-3; Effective July 1, 2019

 

TANF

At complete or incomplete reviews, end the penalty following procedures in A-2145, Ending an Open Penalty, if the person cooperates with the Texas Health Steps requirements or provides proof of good cause.

 

A—2125 Immunizations

Revision 12-3; Effective July 1, 2012

 

 

 

A—2125.1 When the Individual Signs Form H1073

Revision 12-3; Effective July 1, 2012

 

TANF

Inform caretakers, second parents, payees and disqualified adults who receive benefits for a child certified for TANF they must provide:

  • proof that the child's immunizations are current; or
  • good cause for not immunizing the child.

See Form H1012, Immunization Record, for the immunization schedule.

Related Policy
Verifying Prior Cooperation Status at TANF Reapplication, A-2131.2.1

 

A—2125.2 Determining if Immunizations are Current

Revision 19-3; Effective July 1, 2019

 

TANF

To determine whether a child is current with immunizations, use:

  • Form H1012, Immunization Record;
  • verification that Texas Health Steps checkups are current for a child age 2 or older unless other information indicates the child is not up-to-date with the child’s immunizations; or
  • verification that a child is enrolled and attending school unless other information indicates the child is not up-to-date with the child’s immunizations.

If the records are not current but the person provides proof that the child is on an alternate schedule, refer to A-2125.4 Good Cause for Immunizations Noncooperation, to allow good cause.

Do not count an immunization administered at birth as a required visit. An immunization is considered administered at birth if it is given between birth and seven days.

 

A—2125.3 Failure to Cooperate with Immunizations

Revision 12-3; Effective July 1, 2012

 

TANF

After the caretaker, second parent, payee or disqualified adult signs Form H1073, determine if the household cooperated with immunization requirements at each complete review.

Related Policy
Advisor Action on Noncooperation, A-2125.5
Verifying Prior Cooperation Status at TANF Reapplication, A-2131.2.1

 

A—2125.4 Good Cause for Immunizations Noncooperation

Revision 12-3; Effective July 1, 2012

 

TANF

Individuals have good cause for not cooperating with the immunization requirement if the caretaker, second parent, payee or disqualified adult can prove that:

  • immunizations are not in the child's best medical interest; or
  • the individual declined immunizations for the child for reasons of conscience, including a religious belief.

Good cause exists in the following situations:

  • Medical — Administering immunizations puts the child's health at risk. The individual may provide medical records, a certificate, affidavit, or a statement from a licensed physician that the required immunization poses a significant risk to the health of the child.
  • Conscientious Objector — The immunization is being declined for reasons of conscience, including a religious belief. The person claiming the exemption must complete an affidavit on a form provided by DSHS stating the reason for the exemption. The child's parent, managing conservator, or guardian must sign the affidavit and have it notarized.
  • Alternate Schedule — The child is behind on the current series of immunizations and the child is on an alternate schedule established by a doctor or health practitioner. The individual may provide a doctor's statement that the child is on an alternate schedule. Document the schedule and check the status at the next complete review.

Allow the individual 10 days to provide proof. Begin good cause the month the individual provides proof.

 

A—2125.5 Advisor Action on Noncooperation

Revision 12-3; Effective July 1, 2012

 

TANF

Apply a full-family sanction if a child does not meet the immunization requirement, and the household fails to provide proof of good cause.

Follow adverse action procedures in A-2343.1.

 

A—2125.5.1 Starting an Immunization Penalty

Revision 12-3; Effective January 1, 2012

 

TANF

Use the following chart to determine when to apply a full-family sanction when an individual noncooperates with immunizations.

If the individual fails to cooperate with the immunization requirements at ... then ...
complete review, refer to A-2144, Imposing a Penalty.
reapplication, if the individual
  • has an open penalty, follow procedures in A-2152, Second Noncooperation During Pay For Performance.
  • does not have an open penalty, follow procedures in A-2131.2.1, Verifying Prior Cooperation Status at TANF Reapplication.

 

A—2125.5.2 Ending an Immunization Penalty

Revision 12-3; Effective July 1, 2012

 

TANF

At complete or incomplete Reviews, end the penalty the month the individual provides proof of cooperation with the immunization requirement or provides good cause following procedures in A-2145, Ending an Open Penalty.

 

A—2126 School Attendance

Revision 12-3; Effective July 1, 2012

 

 

 

A—2126.1 When the Individual Signs Form H1073

Revision 12-3; Effective July 1, 2012

 

TANF

Inform a caretaker, second parent, payee, disqualified adult or disqualified teen parent about the school attendance eligibility requirements in A-1610.

Related Policy
School Attendance, A-1600
Initial Application, A-2131.1
Verifying Prior Cooperation Status at TANF Reapplication, A-2131.2.1
Imposing a Penalty, A-2144
Ending an Open Penalty, A-2145
Open Penalty at Reapplication, A-2151

 

A—2127 Parenting Skills Training

Revision 12-3; Effective July 1, 2012

 

A—2127.1 When the Individual Signs Form H1073

Revision 14-3; Effective July 1, 2014

 

TANF

Inform TANF household members they must attend parenting skills training if they meet either of the following parenting skills mandatory referral criteria:

  • There is a caretaker, or a caretaker and a second parent, when the EDG includes a certified child under age 5; or
  • A minor parent is certified as a child.

Note: A household member who does not meet the mandatory referral criteria may volunteer for parenting skills training. Discuss the training with an individual who expresses a need or interest.

 

A—2127.2 Actions and Time Frames

Revision 06-2; Effective April 1, 2006

 

TANF

When explaining the PRA requirements at application, inform household members they must attend parenting skills training if referred.

At application or when a household member's status changes so that the member now meets the referral criteria, refer household members to parenting skills training if they:

  • meet the mandatory referral criteria; or
  • volunteer.

At the first review after referral, the complete review after approving good cause or imposing a penalty, an incomplete review after the individual notifies you of training completion and at reapplication after referral, follow procedures in A-2127.4, A-2127.5 and A-2127.6.

 

A—2127.3 Referral

Revision 17-3; Effective July 1, 2017

 

TANF

Do not refer a person to parenting skills training if the TIERS “Individual Summary TANF Time Limits” page and the personal responsibility agreement indicate they have completed training. The “Parenting Skills” field will show Yes.

An individual must complete parenting skills training once. Acceptable verification of training completion includes training that occurred before the individual referral, such as in a high school curriculum. The following is what needs to be provided when referring a person to parenting skills training.

  • Form H1088, Verification of Parenting Skills Training, for each person referred.
  • Information from 211Texas.org on classes in the area that are available where they may complete the parenting skills class and obtain verification. To find a class:
    • Go to 211Texas.org.
    • Enter the family's zip code to search.
    • On the next page, select the word search function.
    • Enter "parenting skills classes" within the Advance Search text box.
  • If the parenting skills classes in the area do not contain all of the following four components, provide the individual with information on the classes that contain the component(s) the individual and advisor determine would most benefit the individual:
    • nutrition education;
    • budgeting;
    • survival skills; and
    • instruction on the necessity of physical and emotional safety for children.
  • instruction that a parenting skills training certificate, letter, Women, Infants and Children identification card (only one card is needed to satisfy verification requirements for two-parent families), or other documentation that verifies completion of training is acceptable proof.
  • the name(s) of the referred member(s) on Form TF0001, Notice of Case Action; and
  • the following additional information on Form TF0001 for individuals who meet the mandatory referral criteria:
    • attendance of a parenting skills training must occur before the family's next TANF periodic review; and
    • the individual must provide verification of training completion at the next periodic review or the family's TANF EDG will be sanctioned, unless good cause exists. The penalty must remain on the EDG until the person(s) provides proof of training completion, has good cause, or is no longer mandatory.

 

A—2127.4 Failure to Cooperate with Parenting Skills Requirements

Revision 12-3; Effective July 1, 2012

 

TANF

At the complete review after the individual is referred to parenting skills training, determine if the individual completed the training.

If an individual who continues to meet the mandatory referral criteria does not have verification of class completion, determine if the individual has good cause for not completing the training during the months between reviews.

If an individual no longer meets the mandatory referral criteria when you are verifying training completion, do not determine good cause or impose a full family sanction.

 

A—2127.5 Good Cause for Parenting Skills Noncooperation

Revision 12-3; Effective July 1, 2012

 

TANF

Use the following chart to determine if good cause exists for the individual.

Good cause exists if ... Verifications include, but are not limited to ...
no classes were available in the area.
  • no classes listed in the Parenting Skills Resource Directory for the area;
  • a statement from the provider(s) that all classes were full.
the individual currently attends parenting skills training. a statement or attendance record from the provider.
the person is or was ill and not able to attend an available class. a doctor's statement or other medical evidence that the person is or was ill and unable to attend during the time when classes were available.
circumstances beyond the individual's control prevented the person from attending and/or completing the class.

Note: Lack of usual transportation or dependent care is not acceptable for a good cause claim.

a report of a disaster or documentation of a family catastrophe that existed during the time when classes in the area were available.

 

A—2127.6 Advisor Action on Parenting Skills Noncooperation

Revision 05-3; Effective July 1, 2005

 

TANF

Apply a full-family sanction for failure to cooperate with the parenting skills requirement.

Follow adverse action procedures in A-2343.1.

 

A—2127.6.1 Starting a Parenting Skills Penalty

Revision 12-3; Effective July 1, 2012

 

TANF

Use the chart below to determine when to start a parenting skills penalty.

If the individual fails to comply with the parenting skills requirements at ... then ...
complete review, refer to A-2144, Imposing a Penalty.
reapplication, if the individual ... then ...

 

has an open penalty, follow procedures in A-2152, Second Noncooperation During Pay For Performance.

 

does not have an open penalty, follow procedures in A-2131.2.1, Verifying Prior Cooperation Status at TANF Reapplication.

 

A—2127.6.2 Ending a Parenting Skills Penalty or Good Cause

Revision 12-3; Effective July 1, 2012

 

TANF

Use the policies and procedures in the chart below:

  • at a complete review after good cause was approved or a penalty imposed; or
  • at an incomplete review if the individual notifies the advisor of training completion.
If the ... and there is an open parenting skills ... Then enter ...
individual provides verification of parenting skills training completion,
  • good cause; or
  • penalty
  • the month the individual verified training completion as the good cause or penalty end date.
individual provides verification of good cause for the months between reviews, penalty
  • the month the individual verified good cause as the penalty end date; and
  • begin the good cause. When ending a penalty, enter the month after the individual verifies good cause as good cause start date.
individual does not provide verification of continuing good cause, good cause
  • the month the advisor makes the determination that good cause no longer exists as the good cause end date, and
  • open a penalty effective the month of disposition. Note: Procedures in A-2343.1, How to Take Adverse Action if Advance Notice Is Required.
individual no longer meets the mandatory referral criteria,
  • good cause, or
  • penalty
the month the advisor determines the individual no longer meets the mandatory referral criteria as the good cause or penalty end date.

 

At each subsequent complete review until all individuals who meet the mandatory referral criteria have completed parenting skills training, continue to:

  • refer members to parenting skills training, including members who were added to the EDG since the last complete review;
  • verify completion of training;
  • verify good cause for not completing the training; and
  • impose parenting skills penalties.

 

A—2128 Alcohol or Drugs

Revision 12-3; Effective July 1, 2012

 

 

 

A—2128.1 When the Person Signs Form H1073

Revision 20-4; Effective October 1, 2020

 

TANF

Inform a caretaker, second parent, payee or disqualified adult that they will forfeit a month of cash assistance if convicted  of a felony or misdemeanor criminal offense under Health and Safety Code, Chapter 481, involving marijuana or another controlled substance or a crime involving abuse of alcohol after signing Form H1073, Personal Responsibility Agreement. This includes a deferred adjudication. The penalty does not apply to an offense that occurred before the person signed Form H1073.

Note: A legal parent is permanently disqualified for a felony drug conviction (not deferred adjudication) for an offense committed on or after April 1, 2002.

Form H1010, Texas Works Application for Assistance — Your Texas Benefits, requires an applicant or recipient to answer a question about a conviction. Accept the person's statement.

Discuss the situation with the person when the criminal history report in the Data Broker system indicates they were convicted of an alcohol or drug offense after signing Form H1073. If they claim not to be the person indicated on the criminal history report, but the identifying information (name, date of birth, physical description) leads staff to believe the information is correct, or the person disagrees with other information provided in the report (such as the type of conviction or whether it was a felony or misdemeanor):

  • document the person's response in Case Comments;
  • proceed with the appropriate case action without acting on the criminal history report;
  • contact the Office of Inspector General (OIG) by emailing the OIG Benefit Program Integrity (BPI) mailbox; and
  • document the reason for contacting OIG BPI in Case Comments.

Once OIG BPI obtains information to clear the discrepancy, the assigned OIG BPI investigator provides the information by email.  Staff responsible for clearing this task must document the results of the OIG BPI's findings in Case Comments and, if applicable, enter the information in the Data Collection-Individual Demographic-Conviction/Rehabilitation page. Make an overpayment referral, if appropriate.

Related Policy
Who Is Not Included, A-222
Disqualified Members, A-232.2
Filing an Overpayment Referral, B-770

 

A—2128.2 Failure to Cooperate with the Alcohol or Drug Requirement

Revision 12-3; Effective July 1, 2012

 

TANF

At the complete review after Form H1073 is signed, if the individual answers yes to the question on Form H1010 regarding drugs and alcohol, determine if both the offense and conviction occurred after the individual signed Form H1073. If the offense and conviction occurred after Form H1073 was signed, apply a sanction.

Example 1: An individual signs Form H1073 in January 1999. The individual commits an offense in April 1999 and is convicted in November 1999. At the complete review after November 1999, the individual states on Form H1010 that he was convicted of possessing marijuana or a controlled substance. The advisor must impose a full-family sanction for one month.

Example 2: An individual signs Form H1073 in March. At the next complete review, the individual states he was convicted of a crime involving marijuana. The offense was committed before he signed Form H1073 and the individual was convicted after signing the form. The advisor cannot sanction the household because the offense occurred before the individual signed Form H1073.

 

A—2128.3 Advisor Action on Noncooperation

Revision 05-3; Effective July 1, 2005

 

TANF

If the individual states the offense and conviction occurred after signing Form H1073, apply a full-family sanction for one month. Accept the individual's statement as verification.

There is no good cause or cure for noncooperation with the alcohol or drug requirement.

Follow adverse action procedures in A-2343.1.

 

A—2128.3.1 Starting an Alcohol or Drug Penalty

Revision 12-3; Effective July 1, 2012

 

TANF

If the individual does not cooperate with the alcohol or drug requirement at a complete review or incomplete review, refer to A-2144, Imposing a Penalty.

Related Policy
Verifying Prior Cooperation Status at TANF Reapplication, A-2131.2.1

 

A—2128.3.2 Ending an Alcohol or Drug Penalty

Revision 05-3; Effective July 1, 2005

 

TANF

End the penalty the month after the forfeit month following procedures in A-2145, Ending An Open Penalty.

 

A—2129 Good Cause

Revision 19-3; Effective July 1, 2019

 

TANF

All requirements of the PRA have good cause except for the alcohol and drug requirement. If a person has good cause for any requirement except alcohol and drug, do not penalize the person for noncooperation.

Penalty and good cause start and end dates cannot overlap for Choices, Texas Health Steps, or immunization and parenting skills requirements. The good cause must end before a penalty can start and vice versa.

For more detailed information about good cause start and end dates, refer to each personal responsibility in A-2120, Individual Responsibilities.