Section 811.16 - Good Cause for Choices Participants(a) Good cause applies to Choices participants. A Board shall ensure that good cause is determined as provided in this chapter.(b) A Board shall ensure that a good cause determination: (1) is based on individual and family circumstances;(2) is based on face-to-face or telephone contact;(3) covers a temporary period when Choices participants may be unable to attend scheduled appointments or participate in ongoing work activities;(4) is made at the time the change in circumstances is made known to the Board's service provider; and(5) is conditional upon efforts to address circumstances that limit the ability to participate in Choices services as required in the family employment plan.(c) The following reasons may constitute good cause for purposes of this chapter: (1) Temporary illness or incapacitation;(2) Choices participants with disabilities or caring for a disabled family member who participate to the extent determined able, as supported by medical documentation, but less than the required participation hours, as set forth in §811.25(b) - (d) and §811.31(b);(4) Caring for a disabled family member who requires the Choices participant's presence in the home. Boards shall ensure the need for such care is supported by medical documentation;(5) A demonstration that there is: (A) no available transportation and the distance prohibits walking; or(B) no available job within reasonable commuting distance, as defined by the Board;(6) An inability to obtain needed child care, as defined by the Board and based on the following reasons: (A) Informal child care by a relative or under other arrangements is unavailable or unsuitable. Informal child care may also be determined unsuitable by the parent;(B) Eligible child care providers are unavailable, as defined in Chapter 809 of this title;(C) Affordable child care arrangements within maximum rates established by the Board are unavailable; and(D) Appropriate child care within a reasonable distance from home or the work site is unavailable;(7) An absence of other support services necessary for participation;(8) Receipt of a job referral that results in an offer below the federal minimum wage, except when a lower wage is permissible under federal minimum wage law;(9) An individual or family crisis or a family circumstance that may preclude participation, including substance abuse, mental health, and disability-related issues, provided the Choices participant engages in problem resolution through appropriate referrals for counseling and support services; or(10) A Choices participant is a victim of family violence.(d) A Board shall ensure that mandatory Choices participants in single-parent families caring for children under age six are informed of: (1) the penalty exception to the family work requirement, including the criteria and applicable definitions for determining whether a mandatory Choices participant has demonstrated an inability to obtain needed child care, as defined in subsection (c)(6)(A) - (D) of this section.(2) a Board's policy and procedures for determining a family's inability to obtain needed child care, and any other requirements or procedures, such as fair hearings, associated with this provision, as required by 45 C.F.R. §261.56.(e) A Board shall ensure that good cause: (1) is reevaluated at least on a monthly basis;(2) is extended if the circumstances giving rise to the good cause exception are not resolved after available resources to remedy the situation have been considered;(3) that is based on the existence of family violence does not exceed a total of twelve consecutive months per occurrence; and(4) is determined separately from granting Choices participants short-term excused absences from participation, as defined in §811.34(2).40 Tex. Admin. Code § 811.16
The provisions of this §811.16 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