1. (a) An applicant must cooperate in obtaining child or medical support from absent parents in accordance with this section.
2. (b) Pregnant women must provide the names and last known addresses of the legal or biological father, or both, of unborn children.

3. (c) Households applying only for a child under 19 years of age are not required to cooperate to find absent parents to obtain child or medical support. However, caretakers of eligible children qualify for Medicaid coverage for themselves only if they:

   1. (1) cooperate in obtaining medical support from the certified child's absent parent, if the child is deprived of parental support due to absence, as provided by §1912(a)(1) of the Social Security Act, (42 U.S.C. §1396k(a)(1)); or
   2. (2) have good cause not to cooperate, as described in subsection (d) of this section.

4. (d) Good cause for noncooperation exists if:

   1. (1) the child was conceived as a result of incest or rape;
   2. (2) adoption proceedings for the child are pending;
   3. (3) the parent of the child, for three months or less, has been working with an agency to decide whether to place the child for adoption;
   4. (4) the child may be physically or emotionally harmed by cooperation;
   5. (5) the parent may be physically harmed, or emotionally harmed to the extent of impairing the parent's ability to care for the child, by cooperation; or
   6. (6) the requirement is waived under 45 CFR §260.52(c) in accordance with the requirements of the Texas Human Resources Code, §31.0322.

Source Note:The provisions of this §366.821 adopted to be effective June 9, 2010, 35 TexReg 4661.