1. (a) Good cause applies only to mandatory work registrants and exempt recipients who voluntarily participate in FSE&T services. A Board shall ensure that good cause is determined as provided in this chapter.

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

   1. (1) is based on individual and family circumstances;
   2. (2) is based on face-to-face or telephone contact;
   3. (3) includes a temporary period when mandatory work registrants or exempt recipients who voluntarily participate in FSE&T services may be unable to attend scheduled appointments or participate in ongoing work activities; and
   4. (4) is made at the time the change in circumstances is made known to the Board's service provider.

3. (c) For purposes of this chapter, the following reasons constitute good cause:

   1. (1) temporary illness or incapacitation;
   2. (2) court appearance;
   3. (3) caring for a physically or mentally disabled household member who requires the recipient's presence in the home;
   4. (4) no available transportation and the distance prohibits walking; or no available job within reasonable commuting distance, as defined by the Board;
   5. (5) distance from the home of the mandatory work registrant, or exempt recipient who voluntarily participates in FSE&T services, to the Texas Workforce Center or employment service provider requires commuting time of more than two hours a day (not including taking a child to and from a child care facility), and the distance prohibits walking and there is no available transportation;
   6. (6) farmworkers who are away from their permanent residence or home base, who travel to work in an agriculture or related industry during part of the year, and are under contract or similar agreement with an employer to begin work within 30 days of the date the individual notified the Board of his or her seasonal farmwork assignment;

   7. (7) an inability to obtain needed child care, as defined by the Board and based on the following reasons:

      1. (A) informal child care by a relative or child care provided under other arrangements is unavailable or unsuitable, and based on, where applicable, Board policy regarding child care. Informal child care may also be determined unsuitable by the parent;
      2. (B) eligible formal child care providers, as defined in Chapter 809 of this title (relating to Child Care and Development), are unavailable;
      3. (C) affordable formal child care arrangements within maximum rates established by the Board are unavailable; and
      4. (D) formal or informal child care within a reasonable distance from home or the work site is unavailable;
   8. (8) an absence of other support services necessary for participation;
   9. (9) receipt of a job referral that results in an offer below the federal minimum wage, except when a lower wage is permissible under federal minimum wage law;
   10. (10) an individual or family crisis or a family circumstance that may preclude participation, including substance abuse and mental health and disability-related issues, provided the mandatory work registrant or exempt recipient who voluntarily participates in FSE&T services, engages in problem resolution through appropriate referrals for counseling and support services; or
   11. (11) an individual is a victim of family violence.

4. (d) A Board shall ensure that good cause:

   1. (1) is reevaluated at least on a monthly basis;
   2. (2) is extended if the circumstances giving rise to the good cause exception are not resolved after available resources to remedy the situation have been considered; and based on the existence of family violence, does not exceed a total of 12 consecutive months per occurrence.

Source Note:The provisions of this §813.13 adopted to be effective March 29, 2005, 30 TexReg 1799.