Texas Health and Human Services Commission
Texas Works Handbook
Revision: 15-4
Effective: October 1, 2015

Part A — Section 500

Age/Relationship

A—510  Age Limits

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

For age requirements, see household composition:


A—520  Relationship

Revision 13-2; Effective April 1, 2013


A—521  Eligibility Requirements

Revision 15-4; Effective October 1, 2015

TANF

A child must live or be expected to live in the home of one of the relatives (either biological or adoptive) listed in A-221, Who Is Included, No. 4, Caretaker.

TANF-SP

A child must live with or be expected to live with both legal parents, or one legal parent and a stepparent.

Note: This also includes legal parents/stepparents who are disqualified for one of the reasons listed in A-222, Who Is Not Included, No. 4, Disqualified Members, unless that disqualification is due to not meeting citizenship requirements.

TP 08 and TA 31

In order to qualify for TP 08 or TA 31, an individual must be a relative of a dependent child. The caretaker must be a:

  • parent,
  • stepparent,
  • sibling,
  • step-sibling,
  • grandparent,
  • uncle or aunt,
  • nephew or niece,
  • first cousin, or
  • first cousin once removed.

A dependent child is an individual who:

  • is under age 18, or
  • if age 18, attends school full-time.

TP 32, TP 33, TP 34, TP 35, TP 43, TP 44, TP 48 and TP 56

To be eligible for these programs, a child can:

  • live with the child's parents,
  • live with a caretaker within the degree of relationship required for TP 08 and TA 31,
  • live with a person not within the degree of relationship required for TP 08 and TA 31,
  • be abandoned, or
  • live independently.

TP 45

A child whose mother is eligible for and is receiving Medicaid coverage at the time of the child’s birth, or whose mother is eligible for and receives Medicaid coverage retroactively for the time of the child’s birth, is eligible for TP 45 coverage. The Medicaid coverage for the newborn can continue through the month of the child’s first birthday if the child remains in Texas, even if the child does not reside with the birth mother.

Related Policy
Guide for Determining Relationship, C-1441
Guide for Determining Extended Relationships, C-1442

A—522  Legal Parent-Child Relationship

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

A legal parent-child relationship exists between a child and:

  • an adoptive parent by proof of adoption;
  • the mother by proof of having given birth to the child; or
  • a man if one of the following conditions exist:
    • The man and the mother married (including a common-law marriage) in apparent compliance with the law before the child's birth (even if the marriage is or could be voided), and the child was born:
      • while they were married; or
      • within 300 days after the marriage terminated.
    • The man and the mother married (including a common-law marriage) in apparent compliance with the law after the child's birth (even if the marriage is or could be voided), and the man:
      • filed a paternity suit, including a statement of paternity in court;
      • is named the father on the child's birth certificate; or
      • has a written obligation to support the child voluntarily or by court order.
    • The courts determine that the man is the biological father.

If there is no other legal father, a legal parent-child relationship exists between a man and a child if one of the following conditions exists:

  • The man and the mother do not marry, but the man consents in writing to be named as the child's father on the child's birth certificate.
  • Before the child turns age 18, the child lived with the man and holds out to the public that the man is the child's father.
  • The man signs an acknowledgement of paternity (AOP) with the Office of Attorney General or Vital Statistics Unit. The child's mother must also be available to sign the AOP.

A—523  When Proof of Relationship Is Unavailable

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

If Birth Verification System (BVS) records do not establish relationship or the applicant cannot provide proof of relationship shown in A-531, Verification Sources, the advisor must use alternative ways to determine relationship. See A-523.1, How to Make an Evaluative Conclusion.

A—523.1  How to Make an Evaluative Conclusion

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

The advisor must examine all available proof such as (but not limited to) school records, court records, birth records, health records, insurance policies, refugee's voluntary resettlement agency (VOLAG) or the U.S. Citizenship and Immigration Services (USCIS) records, or other sources of proof that provide the same information. The advisor should offer reasonable assistance if the individual has difficulty obtaining the information.

Advisors must obtain supervisory approval of the evaluative conclusion.

A—523.2  Children Living with Biological Father

Revision 15-4; Effective October 1, 2015

TANF, TP 08 and TA 31

A biological father may receive TANF, TP 08, or TA 31 if the biological father proves relationship. If the father cannot provide acceptable proof, the advisor must make an evaluative conclusion to establish relationship for the father and child. The OAG uses the automated child support referral to locate the mother and establish paternity of the biological father. The OAG notifies the advisor via Form H1701, Child Support, TANF Foster Care and TANF/Medicaid Case Information Exchange, that paternity is established or excluded. If paternity is excluded, advisors must process an overpayment claim for the period of time the household erroneously received benefits as specified in B-700, Claims.

Proof of a court determination of paternity is required if, at the time of the child's birth, the child's mother was married to another man who is presumed to be the child's legal father.

A—523.2.1  Children Living with Relatives of Biological Father

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

To qualify for TANF or Medical Programs, a caretaker relative must establish required relationship to the child as specified in A-221, Who Is Included, following the steps below:

The caretaker relative must provide acceptable proof of relationship between:

  • the caretaker and the biological father; and
  • the biological father and the child, using the conditions listed in A-522, Legal Parent-Child Relationship.

A—530  Verification Requirements

Revision 15-4; Effective October 1, 2015

TANF, TP 08 and TA 31

Advisors must verify the age and relationship of each child to the adult claiming the relationship before certifying or adding the child to the cash grant and/or before certifying the adult for Medicaid. Advisors use BVS inquiry for someone born in Texas and who is at least 46 days old but less than 19 years old.

See A-531, Verification Sources. If these verifications are not available, make an evaluative conclusion. See A-523.1, How to Make an Evaluative Conclusion.

Related Policy
Birth Verification System, C-860

A—531  Verification Sources

Revision 15-4; Effective October 1, 2015

Medical Programs

Age and Relationship

  • BVS inquiry
  • Temporary Assistance for Needy Families (TANF) sources

Medical Programs except TP 08 and TA 31

Age and Relationship

  • Individual's self-declaration establishing age and relationship if other sources are unavailable

TANF

Age

  • Birth certificate
  • Hospital or public health birth records
  • Church or baptismal birth record
  • BVS inquiry
  • Local, state, federal or military record
  • Adoption papers or records
  • Indian census records
  • U.S. passport
  • School or day care records
  • U.S. Citizenship and Immigration Services records
  • Attorney General child support paternity records
  • Social Security Administration records

Alternate Age Sources

  • Court or child welfare records
  • Insurance policies
  • Family Bible records
  • Records of voluntary social service agencies
  • Court child support order
  • Written statement from a doctor or clergy who knows date of birth
  • Juvenile court records
  • Census records
  • Written statement from a non-relative who knows date of birth

Relationship

  • Birth certificate
  • Adoption papers or records
  • Hospital or public health records of birth and parentage
  • BVS inquiry (see A-540, Documentation Requirements)
  • Church or baptismal birth record
  • Local, state, federal government or military record
  • School or day care records
  • U.S. Citizenship and Immigration Services records
  • Attorney General child support paternity records
  • Juvenile court records
  • Indian census records
  • U.S. passport
  • Marriage license/certificate
  • Divorce papers
  • Court records of parentage

Alternate Relationship Sources

  • Church records of parentage and relationship (including statement from clergy)
  • Family Bible records
  • Court or child welfare records
  • Insurance policies
  • Records of voluntary social service agencies
  • Statement from clergy, doctor or school official who can verify relationship
  • Statement from non-relative who has known the child since birth

Related Policy
Questionable Information, C-920
Providing Verification, C-930

A—540  Documentation Requirements

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

Advisors must document proof of age or relationship and the basis for the evaluative conclusion or enter on the Texas Integrated Eligibility Redesign System (TIERS) Individual Household page and the Relationship page.

Advisors must document the following:

  • The verification source.
  • The verification date.
  • Children's names.
  • Information from the verification source to prove the children live in the home (for collateral contacts include name and address and/or phone number).
  • Reason for any temporary absence.
  • Information from the verification source to prove the household member or payee returned to and lived in the home for at least 30 days when allowing another temporary absence period.

Related Policy
Documentation, C-940
The Texas Works Documentation Guide