Texas Register, Volume 5, Number 25, Pages 1229-1308, April 1, 1980 Page: 1,270
1229-1308 p. ; 28 cm.View a full description of this periodical.
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(4) The child must be receiving care in a licensed or
certified foster home or a licensed private, nonprofit child-
caring institution within the State of Texas.
(5) The child must not have real or personal property
with a market value in excess of an amount prescribed by the
department.
(6) The child's monthly income must be less than the
cost of the child's maintenance in foster care (based on the
daily rate paid to the child care facility).
(7) The child must have a social security number
(SSN). This requirement is met if application fora number is
made.
(b) Foster care assistance will not be denied, delayed,
or discontinued pending issuance or verification of social
security numbers if the above procedures are met.
.158. Additional Eligibility Requirements for Type Pro-
gram 08 Only.
(a) Eligibility status at the time of removal. In order
for a child to be eligible for AFDC foster care, one of the
following must apply:
(1) the child was a recipient of AFDC in his own
home or in the home of a qualified relative in the month that
court proceedings resulting in the child's removal from the
home were initiated;
(2) the child would have received AFDC in the month
that court proceedings resulting in removal from the home
were initiated, if application for AFDC had been made;
(3) the child lived in the home of a qualified relative
at some time during the six months prior to the month court
proceedings were initiated, and while living with the relative
would have been eligible for AFDC had application been
made.
Court proceedings are considered initiated when one of the
following has occurred: a petition alleging abuse or neglect
or other need for protection is filed with the court; or the
child is removed under the statutory authority and emergen-
cy removal provisions of Section 17.03a (3) or (4), Texas
Family Code. The original court order which removes the
child from his own or a relative's home must place the child
in managing conservatorship of DHR. If another agency is
given managing conservatorship at the time of removal, the
child does not become eligible if managing conservatorship is
later transferred to DHR. DHR must retain managing con-
servatorship of the child continuously during placement for
the child to remain eligible for AFDC foster care.
(b) AFDC relationship and domicile. The child must
meet relationship and domicile criteria. Relationship and
domicile are established when a child was living with one of
the following relatives during the month court proceedings
were initiated or during the six months prior to the month
court proceedings were initiated:
(1) father or mother;
(2) grandfather or grandmother (extended to all
degrees of "great" relationships);
(3) brother orsister;
(4) uncle or aunt (extended to all degrees of "great"
relationships);
(5) first cousin;
(6) nephew or niece; .
(7) stepfather or stepmother;
(8) stepbrother or stepsister;
(9) natural father or paternal grandparents of an il-
legitimate child.Except for the spouses of the stepbrother, stepsister,' step-
father, and stepmother, all relatives listed above are
qualified relatives if the child lived with the relative and
spouse as a family unit prior to their separation due to death,
divorce, or desertion.
(c) Verification of age and relationship. The child's age
must be verified by one of the following (listed in the order of
preferred verification):
(1) child's birth certificate;
(2) baptismal or hospital certificate;
(3) a worker's evaluative conclusion after examining
available records;I
(4) the court order may be used to support the
worker's evaluative conclusion when no other birth proof can
be found.
(d) Deprivation of parental support. The child must
have been deprived of parental support by death, continued
absence from the home, or by physical or mental incapacity
of a parent (according to AFDC eligibility requirements) dur-
ing the month or at some time during the six months prior to
the month the petition was filed which resulted in the child's
removal from his home or the home of a qualified relative. If
incapacity of a parent is the reason for deprivation, the
worker must document incapacity through one of the follow-
ing:
(1) verification that the parent receivesSSI or retire-
ment survivors disability insurance (RSDI) benefits due to
physical or mental disability or blindness;
(2) obtaining medical information on the incapaci-
tated parent on the Report of Physical or Mental Incapacity
form, and submitting it to the Medicaid Eligibility and Dis-
ability Determination Division. The Medicaid Eligibility and
Disability Determination Division determines eligibility
based on incapacity;
(3) if the parent or designated relative refuses to
cooperate by signing a release for the doctor or hospital to
furnish medical information, information obtained by obser-
vation or from any source may be used by the worker to docu-
ment incapacity.
(e) Redetermining deprivation every six months. Con-
tinuing deprivation must be re-established at each redeter-
mination. Redetermination of deprivation of parental sup-
port is based on a review of the current circumstances in the
home from which the child was removed. If the child was
removed from the home of a relative, the circumstances in
the relative's home must be reviewed each six months to
determine if deprivation would exist if the child were again
living in that home. Deprivation will continue to exist in the
home of a relative unless the child's legal parents are resid-
ing in the relative's home. If the child was removed from the
home of his parent(s), the review is based on the current cir-
cumstances in the parent(s) home. In those instances where
the home from which the child was removed no longer exists
such as in the case of death of the relative or the location of
the home is unknown due to disappearance of the parent(s)
or relative, deprivation continues to exist due to absence.
Children whose parent's parental rights have been termi:
nated are permanently deprived of parental support effective
the date of termination. A copy of the decree of termination
must be filed in the child's foster care eligibility case record.
(f) Eligibility extension. When it is learned that an
estranged or incarcerated parent has returned to the home,
the child's eligibility for AFDC foster care benefits may be
continued for an additional three months following theVolume 5, Number 25, April 1, 1980
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Texas. Secretary of State. Texas Register, Volume 5, Number 25, Pages 1229-1308, April 1, 1980, periodical, April 1, 1980; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244622/m1/42/: accessed May 14, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.