1. (a) Texas Department of Protective and Regulatory Services (TDPRS) or its authorized designee determines presumptive 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 TDPRS 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 family has not received authorization for emergency assistance service during the 12-month period prior to application.

2. (b) An emergency exists when TDPRS:

   1. (1) determines that a child is at risk of abuse or neglect; or
   2. (2) has removed a child from his 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; or

   4. (4) determines a child or youth is at risk who is:

      1. (A) between the ages of seven and 17 years inclusively who:

         1. (i) has run away from home; or
         2. (ii) has been truant from school; or
         3. (iii) has been involved in family conflict;
      2. (B) between the ages ten and 16 years and has allegedly committed a misdemeanor or state jail felony offense, but has not been adjudicated; or
      3. (C) between the ages of seven and nine years and who is alleged to have committed a delinquent offense.
3. (c) TDPRS collects family-income information. This information may be used to determine the level of federal funding for the case but is not a factor in determining the family's eligibility for emergency services nor the type of care or services TDPRS provides.

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.