(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 §106.1407 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.
(h) Gross monthly income at application for services is based on the family's current month's income or the average gross income for the previous three months, whichever is less.
(i) If the provisions of subsection (h) of this section do not accurately reflect the family's economic status, the average of the preceding 12 months may be used.
(j) DARS DBS seeks updated information about income periodically as considered necessary.

Source Note: The provisions of this §359.151 adopted to be effective June 13, 2013, 38 TexReg 3810; transferred effective February 1, 2022, as published in the January 7, 2022 issue of the Texas Register, 47 TexReg 35