1. (a) The Department of Family and Protective Services (DFPS) or its authorized designee determines eligibility of a child and/or his family for Title IV-A Emergency Services if all of the following criteria are met:

   1. (1) An emergency exists, as defined in subsection (b) of this section.
   2. (2) The family applies for care and services available in emergency situations, or DFPS or its authorized designee applies on behalf of a child whose parents are unavailable or unwilling to apply.
   3. (3) The child has lived with a relative at some time within the six-month period prior to application.
   4. (4) The emergency arose for a reason other than an adult family member's refusal to accept employment without good cause.
   5. (5) The applicant, child, or family declares annual income of less than $63,000.

2. (b) An emergency exists when DFPS:

   1. (1) determines that a child is at risk; or
   2. (2) has removed a child from the child's home and placed the child in its care; or
   3. (3) determines that a child formerly in its care is at risk of being returned to that care.

Source Note:The provisions of this §700.2703 adopted to be effective March 1, 1994, 19 TexReg 810; amended to be effective March 1, 1996, 21 TexReg 1431; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013; amended to be effective December 1, 2013, 38 TexReg 8249.