Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 4 - ECONOMIC RESOURCES › Section 359.151 - Determination of Economic Resources

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 parent's economic resources must be determined before DARS DBS authorizes the
					 purchase of certain services contained in Division 3 of this subchapter
					 (relating to Services).
(b) A child
					 in the managing conservatorship of the Department of Family and Protective
					 Services is considered to be a one-member family with no income.
(c) Parents have the right to not disclose
					 their economic resources. When this information is not disclosed, DARS DBS
					 determines economic resources to be in excess of the allowable
					 amount.
(d) To determine the
					 parent's participation in the cost of services that require an expenditure of
					 BCVDD Program funds, DARS DBS considers the parent's gross monthly income, the
					 number of family members for which the parent has financial responsibility, and
					 the type of services the child is receiving. These factors shall be applied to
					 percentages of the currently applicable federal poverty guidelines. Information
					 about the currently applicable federal poverty guidelines, categories of
					 services, and percentages in use by DARS DBS is available as described in
					 § 359.7 of this subchapter (relating to Public Access to Information,
					 Forms, and Documents).
(e) Parents
					 with gross monthly incomes at or below the percentage of federal poverty
					 guidelines in use by DARS DBS are not required to pay part of the cost of
					 services that require an expenditure of BCVDD Program funds.
(f) Parents with gross monthly incomes above
					 the federal poverty guidelines are required to pay part of the cost for
					 services. In making this decision, DARS DBS considers extenuating circumstances
					 that may prohibit the parents' ability to pay, such as medical costs and debts
					 resulting from a permanent disability or chronic illness of the child or family
					 member.
(g) Gross monthly income is
					 any funds available to the child and the child's parent, which includes, but is
					 not limited to, the following:
(1) wages or
					 salary;
(2) contributions from
					 relatives, individuals, or organizations received on a regular basis;
(3) child support payments;
(4) net rentals from property;
(5) scholarships and fellowships;
(6) public assistance payments, including
					 Social Security Income (SSI) and Temporary Assistance for Needy Families
					 (TANF);
(7) assistance from private
					 welfare agencies;
(8) income from
					 stock dividends and bond interest;
(9) any available pension, annuity,
					 compensation, or insurance, including SSDI, health or hospitalization insurance
					 plans, Worker's Compensation, veteran's benefits, Old Age and Survivors
					 Insurance (OASI) from the Social Security Administration, labor union insurance
					 and health and welfare benefits, and unemployment compensation;
(10) participation in savings plans and
					 deductions for savings bonds;
(11)
					 income from self-employment, which is defined as gross receipts, minus
					 allowable Internal Revenue Service expenses, from one's own business that
					 results in income. Gross receipts include the value of all goods sold and
					 services rendered. Expenses include cost of goods sold, rent, utilities, wages
					 and salaries paid, and business taxes (not personal income taxes or
					 self-employment social security taxes); and
(12) any other amounts generally recognized
					 as income.