1. (a) A child's parents have a right to be notified and a right to be represented by an attorney when the Texas Department of Protective and Regulatory Services (PRS) pursues enforcement of child support orders on the child's behalf. The worker must inform the parents of these rights.
2. (b) PRS requests enforcement of court-ordered child support through the Texas attorney general's child-support enforcement program.

3. (c) PRS must refer all aid to families with dependent children (AFDC) foster care cases to the Texas attorney general's child-support enforcement program after determining eligibility unless:

   1. (1) parental rights are terminated;
   2. (2) the parent is incapacitated or deceased; or
   3. (3) PRS determines that pursuit of child support is not in the best interest of the child.
4. (d) Both legal parents of a child in AFDC foster care must be included in a referral for enforcement of child support orders unless one of the exemptions in subsection (c) of this section applies. Each parent is included even if one or both are missing or living in another state. If a parent has more than one child in AFDC foster care, the parent must be included in each child's referral.
5. (e) As the child's managing conservator, PRS may ask the state attorney general to defer collection of child support for up to six months when deferment is in the best interest of the child.

Source Note:The provisions of this §700.1109 adopted to be effective May 15, 1992, 17 TexReg 2783; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.