1. (a) Good cause. Good cause only applies to recipients. A Board shall ensure whether the recipient has good cause as provided in this chapter.

2. (b) Determinations of good cause. A Board shall ensure that a good cause determination:

   1. (1) is based on the individual circumstances of the recipient;
   2. (2) is based on face-to-face or telephone contact with the recipient;
   3. (3) covers a temporary period when an individual may be unable to attend scheduled appointments or participate in ongoing work activities;
   4. (4) is made at the time of occurrence; and
   5. (5) is conditional upon efforts to enable the individual to address circumstances that limit the ability to participate in Choices services as required in the Personal Responsibility Agreement.
   6. (6) shall not extend beyond three months unless a re-evaluation of the situation shows that the circumstance precluding participation is not resolved after all available resources to remedy the situation have been explored.

3. (c) Reasons for good cause. One or more of the following may constitute good cause for purposes of this chapter if the recipient:

   1. (1) is temporarily ill or incapacitated;
   2. (2) is incarcerated or has a court appearance;
   3. (3) is the caretaker of a physically or mentally disabled child who requires the caretaker's presence in the home;
   4. (4) demonstrates that there is no available transportation or there is a breakdown in transportation arrangements;
   5. (5) demonstrates that there is no available child care or there is a breakdown in child care arrangements;
   6. (6) is without other support services necessary for participation;
   7. (7) receives a job referral that results in an offer below the federal minimum wage, except for certain work-related, on-the-job training activities such as work skills training;
   8. (8) demonstrates that there are no available jobs within reasonable commuting distance, which means that travel from home to the job or training would require commuting time of more than two hours round trip, or the distance prohibits walking and transportation is not available; or
   9. (9) is in a family crisis or family circumstance that precludes participation, including being a victim of domestic violence, and the recipient engages in problem resolution through appropriate referrals for counseling and supportive services.

4. (d) Good cause based on domestic violence. A Board shall ensure that good cause based on domestic violence:

   1. (1) is reevaluated at least every three months; and
   2. (2) does not extend beyond a total of twelve months from the first determination of good cause.

Source Note:The provisions of this §811.14 adopted to be effective February 19, 2001, 26 TexReg 1566.